Estate of Dorothy Walsh, Deceased, Charles E. Walsh, Personal Respresentative - Page 15

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                         (i) A power so to appoint fully                              
                    exercisable in her own favor at any time                          
                    following the decedent's death (as, for                           
                    example, an unlimited power to invade); or                        
                         (ii) A power so to appoint exercisable                       
                    in favor of her estate.  Such a power, if                         
                    exercisable during life, must be fully                            
                    exercisable at any time during life, or, if                       
                    exercisable by will, must be fully                                
                    exercisable irrespective of the time of her                       
                    death * * *; or                                                   
                         (iii) A combination of the powers                            
                    described under subparagraphs (i) and (ii) of                     
                    this subparagraph. * * *  However, the                            
                    condition that the spouse's power must be                         
                    exercisable in all events is not satisfied                        
                    unless irrespective of when the surviving                         
                    spouse may die the entire interest or a                           
                    specific portion of it will at the time of                        
                    her death be subject to one power or the                          
                    other * * *.                                                      
                         *    *    *    *    *    *    *                              
                    (3) A power is not considered to be a power                       
               exercisable by a surviving spouse alone and in all                     
               events * * * if the exercise of the power in the                       
               surviving spouse to appoint the entire interest or a                   
               specific portion of it to herself or to her estate                     
               requires the joinder or consent of any other person.                   
               The power is not "exercisable in all events", if it can                
               be terminated during the life of the surviving spouse                  
               by any event other than her complete exercise or                       
               release of it. * * *                                                   
          From this text, we discern that the surviving spouse must have              
          the ability during life to exercise or release the power of                 
          appointment in all events.  A power of appointment that may                 
          terminate upon the happening of an event does not meet this                 
          requirement, unless the event is the voluntary exercise or                  
          release of the power by the surviving spouse.  See Eckel v.                 




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