Clauses Exemplifying Power of Appointment

7. . . . then and in that event said two-thirds share shall be added to the principal of the trust for the equal benefit of my then surviving children, and after the death of all but one of my children the survivor shall have the right to dispose by will of the residue of said trust estate or, in the event of his or her intestacy, such residue shall form part of his or her estate.

2. Upon the death of my said wife, the Trustees shall pay over the principal of the trust as it shall then exist, to such person or persons, including her own estate, and in such proportion as my said wife designates or appoints in and by her Last Will and Testament, under and by specific reference to this paragraph.

Article IV, Section 1: . . . to pay over the net income unto my said wife Frances Louisa Tracy Morgan during her natural life, and upon the death of my said wife, I give and bequeath said capital of said trust fund unto such persons and in such estates, interests and proportions as my said wife shall in and by her last will and testament in that behalf appoint. I give my wife this power of disposition in order to enable her to make such legacies as she may desire to her relatives or friends or for charity.

. . . And in further trust after the decease of said [daughter] Mary to pay to her heirs or to such person or persons as she by her last will & testament or any other instrument of appointment duly executed shall direct the sum of Four thousand Dollars.

Second: (1) (A) . . . and I hereby confer upon my said trustees the power to appoint such balance of the net income to or among another or others of my lawful descendants from time to time living, in such amounts or proportions as my said trustees may, in their discretion, exercise from time to time, determine, and in their discretion, exercised from time to time, to exclude from such appointment any one or more of such descendants of mine.

Sixth— . . . and I authorize my duly qualified and acting executors or trustees, and the survivor of them, by an instrument in writing, duly acknowledged, to appoint a new executor and trustee, to fill each vacancy as it may occur and the person so appointed shall thereupon become vested with all the estate and powers of an executor and trustee hereunder, the same as if named by me herein as much.

Third—having years ago made provision for my wife beyond her desires and ample to enable her to provide for our beloved daughter Margaret: and being unable to judge at what provision for our daughter will best promote her happiness, I leave to her mother the duty of providing for her as mother deems best. A mother’s love will be the best guide.