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IN RE ESTATE OF SPENCER

No. 2-57068.

232 N.W.2d 491 (1975)

In the Matter of the ESTATE of L. J. SPENCER, Deceased. In the Matter of the ESTATE of Fern E. SPENCER, Deceased. Appeal of Harold SPENCER, Executor of the Estate of L. J. Spencer, Deceased, and Eugene R. Melson, guardian ad litem for the minor grandchildren of L. J. Spencer and Fern E. Spencer.

Supreme Court of Iowa.

August 29, 1975.

Attorney(s) appearing for the Case

Cudahy, Wilcox, Handley & Magee, Jefferson, and Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellant, Harold Spencer, Executor of the Estate of L. J. Spencer, deceased.

E. R. Melson, Jefferson, guardian ad litem for minor grandchildren of L. J. Spencer and Fern E. Spencer.

William C. Ostlund, Jefferson, guardian ad litem for great grandchildren of L. J. Spencer and Fern E. Spencer.

Kurth & Bunger, Carroll, for appellee Lyle Spencer, Trustee of the trust established under the will of Fern E. Spencer.

Heard before MOORE, C. J., and MASON, RAWLINGS, LeGRAND and McCORMICK, JJ.

LeGRAND, Justice.

This appeal involves the construction of trust provisions established under the will of Fern E. Spencer, deceased, and the related exercise of a power of appointment which she granted to her husband, L. J. Spencer. The trial court found the purported exercise of the power of appointment by L. J. Spencer in his last will and testament was invalid. In the absence of either a gift over or a residuary clause in Fern E. Spencer's will, the trial court...

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