David v. Atlantic County S.P.C.A.

Complainants, executors under the will of Emily B. Pendleton, deceased, seek a construction thereof and a declaration of the rights of certain beneficiaries therein named, as well as a determination by the court as to whether, under the twelfth clause of said will, decedent "has exercised the testamentary power of appointment under the Emily Barton trust indenture of February 27th, 1882."

The Emily Barton trust aforesaid was created by Mrs. Pendleton, complainant's decedent, before her marriage to Mr. Pendleton. At the time of the creation of the trust, decedent was a resident of Philadelphia,…