POWERS - EXECUTION BY A RESIDUARY CLAUSE

A testator devised all his property in trust; he instructed the trustees to purchase a residence for his wife and gave her the general power to appoint by will, both with respect to this proposed residence and with respect to a sum of money from the testator's estate, the aggregate amount being $20,000. The trustee purchased a 25-foot lot and the wife purchased 8 1/ 3 feet of an adjoining lot. At the request of the wife, the trustees erected a two family residence, the main part of the building being on the 25-foot lot, but the eaves and one bay window extending over the wife's lot. The evidence in the case indicated that these two parcels were treated ,as one piece of property.

The wife in her will devised "all the rest, residue and remainder of my estate real, personal and mixed, which I now have, may die possessed of, or may be entitled to." Held, the power of appointment was executed by the residuary clause of the donee's will. Rettig v. Zander, 364 Ill. 112, 4 N.E. (2d) 30 (1936).