Butler v. Citizens & Southern National Bank

Hawkins, Justice.

(After stating the foregoing facts.) It is insisted by counsel for the defendants in error in their brief: That the question presented “is a relatively simple one. Concisely stated it is: Where a testator creates a life estate in a person with power of appointment by will as to the remainder and the life tenant fails to exercise such power (there being no provision as to disposition of the remainder in default thereof) who is entitled to the reversion — the heirs of the testator as of the date of his death or the testator’s heirs as of the time of the death of such life…