Summary
acknowledging that in the will at issue, the “power of appointment is broad and unrestricted; it evidences an indifference by the donor to regulate or control the . . . quality or quantity of [the donees' elected beneficiaries'] estates”
Summary of this case from Cadwell v. CitibankOpinion
Submitted April 12, 1955
Decided May 26, 1955
Appeal from the Supreme Court, Appellate Division, Second Department, HAZELTON, S.
Joseph H. Choate, Jr., and William A. Moore for appellants.
Orison S. Marden, Kenneth C. Johnson and Malcolm J. Edgerton, Jr., for John Tucker and others, respondents.
Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.