Dollar Savings & Trust Co. v. Kirkham

This was heard upon a petition for the construction of a will, the determination of heirship and a declaratory judgment. This opinion is limited to the question of whether Charles W. Kirkham exercised by his will a power of appointment given him by the will of his father, Joseph Kirkham. Joseph Kirkham died testate January 31, Í954, leaving his estate in trust for his son Charles W. Kirkham for life, with a general testamentary power of appointment to the son and a gift over to his son’s heirs in the event of his failure to exercise the power.

Charles W. Kirkham, the son, died testate March 2,…