Scullin v. Mercantile-Commerce Bank & Trust Co.

[ 599] Action to construe the will of John Scullin, deceased including Item II, clause L, which provides for a power of appointment after the death of one of testator’s daughters, May Eunice De’Gheest, and, after the exercise of said power of appointment, for the distribution annually of the excess or balance of said daughter’s share of the income of the trust estate to certain named persons. Plaintiff claims one-fifth of the excess of income from said share for the years 1947 and 1948, towit, $13,280.34, and it was stipulated that, if she is entitled to share in such excess, that sum. should…