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Future Interests - Trusts - Time For Ascertainment Of Heirs After Life Estate In Trust With Unexercised Power Of Appointment And No Gift In Default, Edward A. Manuel

Michigan Law Review

The testator set up a testamentary trust for the benefit of his wife for life and gave her a general testamentary power to appoint the remainder in fee. No gift in default was provided. The life beneficiary died without exercising the power. On petition by the trustee for directions for the final distribution- of the trust property, the trial court held that the property went to those who were the heirs of the testator at the time of his death. On appeal, held, reversed, two judges dissenting. The trustees took full title to the trust property and no interest …