Petit v. Petit

The primary question raised on this appeal is whether the power of appointment given by-the will of Louis Petit was validly exercised in favor of the wife of Clement, he having died childless. Appellant contends that the lower court erred in construing the provision for the power of appointment to permit Clement to appoint his wife as beneficiary when there were no children him surviving.

Respondent and appellants and the lower court all assert that the words of the will are plain and unambiguous and therefore not open to judicial construction. Yet there has been created a decided disagreement…