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IN RE ESTATE OF WHITE

No. 138.

238 A.2d 791 (1968)

In re ESTATE of Alice WHITE.

Supreme Court of Vermont. Bennington.

February 6, 1968.

Attorney(s) appearing for the Case

Waldo C. Holden, Bennington, and Williams & Williams, Poultney, for appellant Adelaide Eaton.

Dwight W. Miller, Brattleboro, for trustee, appellee.

Eugene V. Clark, Bennington, for Dorothy Towart.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

BARNEY, Justice.

The remaining corpus of the trust created by the will of Alice White became distributable on the death of her surviving husband, Clarence White, the life tenant. The governing provision of her will, Item 5, read:

5. All the remainder of the corpus of said trust, including therein (in case Eleanor Cushman does not survive my said husband) the $5,000. next above bequeathed, I give, devise and bequeath, subject to the power of appointment below...

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