The Farmers’ Loan and Trust Company, as Trustee Under the Will of Frances R. Mortimer, Deceased, Respondent, v…

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that a contract that seeks to control the exercise of a testamentary power of appointment is not enforceable in equity and that such a power must be exercised only by a last will. Consequently, the plaintiff's request for specific performance of the contracts was denied.