June 24, 1927. Appeal from Surrogate's Court of the County of New York. Russel S. Coutant of counsel [ Hall Park McCullough with him on the brief; Davis, Polk, Wardwell, Gardiner Reed, attorneys], for the appellants. Charles A. Curtin, for the respondent. PROSKAUER, J. Herbert B. Turner, by will, devised a fractional undivided interest in real property to Thornton F. Turner for life giving him a power of appointment which Thornton F. Turner by his will exercised. The question here presented is whether