- 18 - 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 CourtPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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