Hannah T. White v. Henry W. Hicks, Surviving Ex’r, &C., of Sam’l Hicks, Dec’d

Summary

The New York Court of Appeals affirmed the Supreme Court's judgment, holding that the testatrix's gift of $50,000 to her husband was a valid execution of the power of appointment granted by her father's will. The Court rejected parol evidence of the testatrix's intent and permitted consideration of her property and circumstances to infer that she intended to exercise the power. It also rejected the English rule barring inquiry into a testator's property when determining execution of a power of appointment.