Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 23

                                       - 23 -                                         
          Iron, Inc., to prevent merger.  The naming of default                       
          beneficiaries here, under the Trust B provisions, should yield an           
          identical result.                                                           
               The estate also makes the further contention that, even                
          apart from the merger doctrine, “Leona’s unlimited right of                 
          withdrawal over all of Trust A (and her rights to alter, amend or           
          revoke Trust A) and her failure to withdraw the property made her           
          effectively the settlor of all property of Trust A and eliminated           
          the distinction of his former property or hers.”2  A fortiori,              
          the estate alleges that as sole settlor of Trust A, decedent was            
          unable to grant a power of appointment to herself over the                  
          property therein.                                                           
               Yet, the estate has cited no California authority indicating           
          that courts of that State would disregard the actual parties and            
          the express drafting of the instrument at issue.  Additionally,             
          as respondent points out, the definitions with respect to powers            
          of appointment contained in Cal. Prob. Code section 610 (West               
          2002) appear to contemplate that an individual’s retained power             
          to direct disposition of his or her property would be                       
          characterized as a power of appointment.  See Cal. Prob. Code               
          sec. 610(e) (“‘Donor’ means the person who creates or reserves a            
          power of appointment.”); Cal. Prob. Code sec. 610(d) (“‘Donee’              



               2 See supra note 1.                                                    





Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011