Estate of Sarah E. Greve, deceased, Charles E. Greve & David R. Greve, Co-Executors - Page 17

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               appointment regardless of the nomenclature used in                     
               creating the power and regardless of local property law                
               connotations.  For example, if a trust instrument                      
               provides that the beneficiary may appropriate or con-                  
               sume the principal of the trust, the power to consume                  
               or appropriate is a power of appointment. * * *                        
          Sec. 20.2041-1(b)(1), Estate Tax Regs.                                      
               The regulations under section 2041(b)(1) elaborate as                  
          follows on the definition of the term “general power of appoint-            
          ment” set forth in that section:                                            
                    (c) Definition of “general power of appointment”–-                
               (1) In general.  The term “general power of appoint-                   
               ment” as defined in section 2041(b)(1) means any power                 
               of appointment exercisable in favor of the decedent,                   
               his estate, his creditors, or the creditors of his                     
               estate, except (i) joint powers, to the extent provided                
               in � � 20.2041-2 and 20.2041-3 * * * A power of ap-                    
               pointment is not a general power if by its terms it is                 
               either--                                                               
                    (a) Exercisable only in favor of one or more                      
               designated persons or classes other than the decedent                  
               or his creditors, or the decedent’s estate or the                      
               creditors of his estate, or                                            
                    (b) Expressly not exercisable in favor of the                     
               decedent or his creditors, or the decedent’s estate or                 
               the creditors of his estate.                                           
          Sec. 20.2041-1(c)(1), Estate Tax Regs.                                      
               Although the estate’s position on brief regarding the power            
          of appointment with respect to one-sixth of the principal of the            
          testamentary trust is difficult to understand, as best we can               
          comprehend it, the estate’s position is that, because the testa-            
          mentary trust gave to decedent the power to “designate and                  
          appoint” in her will the persons to take one-sixth of the princi-           






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