POWERS-EXECUTION BY A GENERAL RESIDUARY CLAUSE

Authors

John E. Grosboll S.Ed., University of Michigan Law SchoolFollow

Abstract

Testatrix was given a general testamentary power of appointment over the corpus of a trust by her deceased husband's will. His will further directed that "a general residuary clause in her will shall not be deemed to be an exercise of said power of appointment." Plaintiff was named as a taker in default of appointment. The testatrix died eight years later leaving a will which expressly provided that it was exercising the power of appointment. One paragraph of her will gave several specific bequests from the said trust estate; the paragraph following provided: "All the rest, residue and remainder of the trust property and estate as to which I have the power of appointment under the last Will of my husband, . . . I give, devise and bequeath to such of my nieces, as shall survive me." The next paragraph disposed of the residue of her own estate. Plaintiff petitioned for a final judicial settlement of the trust estate, claiming the power was not exercised in the manner provided by the donor. Held, the power was properly exercised. In re Kilpatrick's Estate, (Mich. 1947) 28 N.W. (2d) 286.

Recommended Citation

John E. Grosboll S.Ed., POWERS-EXECUTION BY A GENERAL RESIDUARY CLAUSE, 46 Mich. L. Rev. 273 (1947).
Available at: https://repository.law.umich.edu/mlr/vol46/iss2/17