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

Decedent was the donee of two separate powers of appointment one over the assets of his mother's will and the other over an inter vivos trust that he created in 1927. In 1944 he agreed to exercise his power in favor of his son, James and at the same time executed a will making appointments in accordance with that agreement. In 1964, decedent executed a new will in which he appointed the assets of both trusts to his estate with no benefits flowing to the son. That will was admitted to probate, and the son seeks to enforce the 1944 will. The Appellate Division held that the 1944 contract for appointment under the inter vivos trust was valid. This appeal resulted.

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