In re the Estate of Barrett

Collins, S.

Testator John W. Barrett died in 1934, a resident of this county, and his will was admitted to probate in this court. Testator bequeathed two fifths of his residuary estate in trust for the benefit of his brother William Mitchell Barrett (hereinafter referred to as Mitchell) to whom testator granted a power to appoint the remainder. Mitchell died in January, 1938, a resident of New Jersey, where his will was admitted to probate. He explicitly exercised the power of appointment in the residuary provision of his will wherein he directed that three fifths of the appointed property be…