FUTURE INTERESTS-CREATION OF A POWER BY EXERCISE OF GENERAL TESTAMENTARY POWER HELD VALID

Authors

William R. Hewitt S.Ed., University of Michigan Law SchoolFollow

Abstract

H in his will created a trust which provided for a life estate for his wife W. The trustee was directed to distribute the corpus of this trust after W's death "to such person or persons as she [W] may limit, nominate, and appoint by her last will and testament." At her death, W's will provided that part of the property over which she had a power of appointment was to continue in trust for S for life, with the power in S to dispose of the corpus absolutely by her last will. S, by her will, attempted to appoint the corpus of the trust. P, trustee, petitioned for instruction as to the proper distribution of the corpus of the trust. All interested parties under the wills of W and S were joined as defendants. On appeal from a decree upholding the appointment by S's will, held, affirmed. The donee of a general testamentary power of appointment may exercise the power by appointing a partial estate and creating another power of appointment. Lamkin v. Safe Deposit and Trust Co. of Baltimore, (Md. 1949) 64 A. (2d) 704.

Recommended Citation

William R. Hewitt S.Ed., FUTURE INTERESTS-CREATION OF A POWER BY EXERCISE OF GENERAL TESTAMENTARY POWER HELD VALID, 48 Mich. L. Rev. 129 (1949).
Available at: https://repository.law.umich.edu/mlr/vol48/iss1/18