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pal of the testamentary trust, decedent had a special power of
appointment. We reject the estate’s position.
The testamentary trust created under Ms. Wright’s will
provided in pertinent part as follows:
Upon the death of any of my said children leaving
issue, him or her surviving, the income arising from
that portion of th[e] [p]rincipal to which said child
[was] entitled to receive the income at the time of his
or her death shall be paid over equally among such
surviving issue for and during the full term of their
natural lives * * * [.] Upon the death of any issue of
a deceased child of mine while such issue may be enti-
tled to receive a portion of income herefrom, the
principal of the fund represented by that portion of
the income which such issue was receiving at the time
of his or her death shall be paid over free and dis-
charged of any trust to such persons and in such manner
as he or she shall by his or her Last Will and Testa-
ment designate and appoint, and in the absence of such
testamentary disposition it shall be paid over to those
persons who are then his or her heirs under the then
existing Intestate Laws of the Commonwealth of Pennsyl-
vania. [Emphasis added.]
The above-quoted underscored language in the testamentary
trust gave decedent the unlimited power to appoint through her
will one-sixth of the principal of that trust in favor of whom-
ever decedent desired. We conclude that the foregoing power is a
general power of appointment (i.e., a power of appointment
exercisable in favor of decedent’s estate, decedent’s creditors,
or the creditors of decedent’s estate). See sec. 2041(b)(1);
Martin v. United States, 780 F.2d 1147, 1148 (4th Cir. 1986); see
also sec. 20.2041-1(c)(1)(a) and (b), Estate Tax Regs. As
discussed supra note 9, the estate acknowledges that if the Court
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