Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 20

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          estate alleges that because the power of appointment simply                 
          applied “to whatever property happens to be in Trust A on the               
          death of Leona and might not apply to any of Samuel’s property”,            
          nothing in the document’s execution signaled that decedent                  
          claimed ownership of Mr. Engelman’s property.  Yet our focus is             
          not on when the power was executed but on the date of decedent’s            
          death when it became effective.  When decedent died without                 
          having revoked or limited the document, and the power on its face           
          disposed of all property in Trust A now alleged to be part of her           
          gross estate, she asserted control over all the relevant assets.            
               In the alternative, the estate seeks to avoid the result               
          stemming from characterization of the February 5, 1998, document            
          as the exercise of a power of appointment that became effective             
          at decedent’s death by arguing that, on account of the extent of            
          her rights in Trust A, decedent could not have held or exercised            
          a power of appointment.  The estate’s contentions are founded in            
          large part on the State law doctrine of merger.  Generally, where           
          an equitable and legal estate become united in a single person,             
          i.e., where the sole beneficiary is also the sole trustee, the              
          two interests merge and the trust terminates.  Nellis v. Rickard,           
          66 P. 32, 33 (Cal. 1901); 60 Cal. Jur. 3d, Trusts, sec. 286.                
               The estate alleges:  “Because Samuel left his property to              
          Trust A where Leona had an immediate and unrestricted right of              
          withdrawal, there was no restriction on Leona’s current interest            






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