Kennedy v. Bailey

Opinion by

Mr. Justice Moore. *

The controversy between the litigants in this case is here for the second time. Part of the factual background involved in this writ of error appears in Bailey v. Kennedy, 162 Colo. 135, 425 P.2d 304. In brief summary, those facts are that Morrison K. Bailey died in 1930 leaving a will in which his wife Katherine was named beneficiary of a testamentary trust. She also was given a testamentary power of appointment over the corpus of the trust. In the absence of an exercise of that power the trust assets were to be distributed to the heirs of Mr. Bailey.

Katherine,…