Estate of Sarah E. Greve, deceased, Charles E. Greve & David R. Greve, Co-Executors - Page 16

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               as such, pursuant to said Testamentary Trust * * * that                
               principal is not an asset of the Estate of Mrs. Greve                  
               for federal estate tax purposes.  [Reproduced liter-                   
               ally.]                                                                 
               It is respondent’s position that decedent had a general                
          power of appointment with respect to one-sixth of the principal             
          of the testamentary trust; under Pennsylvania law decedent                  
          exercised that power through the residuary clause in her will;              
          and consequently that portion of the testamentary trust is                  
          includible in decedent’s gross estate under section 2041(a)(1).             
               Section 2041 provides in pertinent part as follows:                    
               SEC. 2041.  POWERS OF APPOINTMENT.                                     
                    (a) In General.--The value of the gross estate                    
               shall include the value of all property--                              
                         (1) Powers of appointment created on or                      
               before October 21, 1942.-–To the extent of any                         
               property with respect to which a general power of                      
               appointment created on or before October 21, 1942, is                  
               exercised by the decedent--                                            
                              (A) by will * * *                                       
                  *       *       *       *       *       *       *                   
                    (b) Definitions.–-For purposes of subsection (a)--                
                         (1) General power of appointment.–-The term                  
               “general power of appointment” means a power which is                  
               exercisable in favor of the decedent, his estate, his                  
               creditors, or the creditors of his estate * * *                        
               The regulations under section 2041 provide the following               
          definition of the term “power of appointment”:                              
                    (b) Definition of “power of appointment”–-(1) In                  
               general.  The term “power of appointment” includes all                 
               powers which are in substance and effect powers of                     





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