University of Michigan Law School Scholarship Repository
Abstract
Testator, after bequeathing specific legacies, gave the residue of his estate to his executor to dispose of any balance after the aforementioned gifts have been paid according to his wise discretion.\u27\u27 The executor was the husband of testator\u27s niece, one of the legatees, and he was well acquainted with testator. He declared his intention of disposing of the residue to testator\u27s nieces, for whom testator had expressed concern. The trial court held the testator had attempted to create a trust by the residuary clause, which failed for indefiniteness. On appeal, held, reversed. The testator created a general power of appointment in the executor. In re Lindston\u27s Estate, (Wash. 1949) 202 P. (2d) 259