In Re Estate of MacLeish

This appeal is by Hugh MacLeish (respondent), adopted son of Bruce MacLeish (testator) from a portion of an order and decree entered by the probate division of the circuit court on January 29, 1974 (referred to in this opinion as the “1974 order”). In the portion of the 1974 order contested by the respondent the circuit court found that a power of appointment granted to the testator by his wife’s will had been effectively exercised. Although, as noted below,' the respondent contends that the court should have deferred decision on whether the testator had exercised the power of appointment,…