Equitable Trust Co. v. Foulke

Harrington, Chancellor:

The question to be determined is the validity and effect of the exercise of the power of appointment by Mabel Bayard Bird, given her by the will of her father, James Ashton Bayard.

James Ashton Bayard died in 1880, and by his will dated April 14th, 1871, and.a codicil thereto, dated May —, 1874, he gave and devised to his son, Thomas F. Bayard, a one-third part of the residue of his real and personal estate, in trust, for the sole and separate use of Mabel Bayard Kane, who later became the wife of Levi C. Bird, for her natural life. By the Third Item of that instrument,…