In re Jonathan (Deceased) Jonathan and Another v Ward and Another - [1962] NZLR 536

Power of appointment — Special power possessed by testatrix — Legacy of £500 to be paid out of moneys passing to her estate out of estate of deceased father — No moneys so passing but testatrix having power of appointment over part of father's estate — Whether legacy valid partial exercise of power — Whether subsequent residuary gift without reference to power valid exercise of it

Wills — Construction — Special power possessed by testatrix — Legacy of £500 to be paid out of moneys passing to her estate out of estate of deceased father — No moneys so passing but testatrix having power of appointment over part of father's estate — Whether legacy valid partial exercise of power — Whether subsequent residuary gift without reference to power valid exercise of it.