Will of Block

Dina Block's will created a trust for her son Paul and his two sons, Allan and John, and gave Paul a limited power to appoint any remaining trust principal between Allan and John; a half-brother, Cyrus, was not a permitted appointee. Paul, an Ohio resident, executed a will that did not mention the power of appointment and divided his estate among Allan, John, and Cyrus. After Paul's death, the trustees (plaintiffs) sued to determine whether Paul had validly exercised his power of appointment even though he never referred to it and had partly appointed to a non-permitted person.

Whether a person's general testamentary disposition of his estate exercises a power of appointment where nothing indicates the will was intended not to exercise the power.