# 92 Implied gift to objects of power in default of appointment
Where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects in such proportions as a specified person may appoint, and the will does not provide for the event of no appointment being made; if the power given by the will is not exercised, the property belongs to all the objects of the power in equal shares.
Illustration
A, by his will bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among his children in such proportions as she shall appoint. The widow dies without having made any appointment. The fund will be divided equally among the children.
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CHAPTER VI.--Of the construction of Wills
88
The last of two inconsistent clauses prevails89
Will or bequest void for uncertainty90
Words describing subject refer to property answering description at testator’s death91
Power of appointment executed by general bequest93
Bequest to “heirs,” etc., of particular person without qualifying terms94
Bequest to “representatives”, etc., of particular person95
Bequest without words of limitationLawyer's Registry
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