In the usual case, the question of the devolution of property subject to a general testamentary power where the appointment is ineffective arises in a contest between those representing the estate of the donee on the one hand and those representing the estate of the donor, including the takers in default, on the other. The historical concept that the devolution of appointive property is from the donor to the appointee competes with the modern concept that the donee's interest in the property is, for many purposes, close to absolute ownership.
Richard L. Eckhart S.Ed.,
POWERS-GENERAL TESTAMENTARY POWER:-INEFFECTIVE APPOINTMENT- DEVOLUTION OF APPOINTIVE PROPERTY,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss1/10