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

Cyrus died in June 7, 1933, and left to his daughter Mrs. Bok his residence and all other real estate belonging to him. She was given full power by will to dispose of any or all of the property but failing such disposition, the property was to go to his issue per stirpes. In 1936, Mrs. Bok deeded 43 acres of the land to the Cheltenham Township for the establishment of a public park in Cyrus' memory. On January 23, 1943, she released the general testamentary power of appointment given her in the will. On January 4, 1970, she died and the issue of Cyrus, demanded the township return the land in question to them. They allege that Mrs. Bok had a life estate. The township refused the demand. The court ruled for the heirs, and the township appealed.

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