Nature of the Case
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Facts
Testator executed a will leaving his property in trust to his wife for life. He gave his wife a power of appointment among his nieces and nephews. In default of appointment, the trust assets were to be distributed equally among the nieces and nephews. Testator later executed a codicil which revoked his wife's power of appointment, and provided that, upon her death, the trust assets were to be distributed equally among those nieces and nephews who were alive at the time of the wife's death, or who were born before any other member of the class was entitled to his share of the trust assets. The codicil also provided that the wife's interest in the trust was to terminate if she married someone other than a British subject. Five years after Testator's death, his widow married a Dutch subject. Subsequently, one of Testator's brothers had another child.
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