New York Court of Appeals

Benjamin H. Hutton, as Trustees v. James Benkard, Appellants

April 24, 188392 N.Y. 295

Summary

The Court affirmed that the testatrix's will validly executed the power of appointment reserved in the 1869 trust deed for both real and personal property, even though the will did not expressly reference the power, applying the statutory rule for real estate to personalty.