This section contains the nature of the case and procedural background.

The will creating a marital trust also granted a general power of appointment to Mrs. Cromwell upon her death. Cromwell made an agreement with Morgan (D), trustee, and appointed the remainder of the marital trusts to hospitals. P brought this action to dispute the exercise of the power of appointment in that it violated New York law, that prohibits making a contract to make or exercise a power of appointment or for contracting one away. The court ruled for D and P appealed.

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