- 15 - estate argues: Pursuant to said Testamentary Trust [the testamen- tary trust created in Ms. Wright’s will], the death of any of the six children of Robert Wright had the effect of terminating the Trust as to the principal comprising said Testamentary Trust represented by that portion of the income therefrom which such child had been receiv- ing prior to her death. Pursuant to said Testamentary Trust, the recipi- ent(s) of that principal were, as to such deceased child of Robert Wright, here, Mrs. Greve, such persons as Mrs. Greve shall by her Last Will and Testament, designate and appoint. * * * * * * * It is respectfully submitted that the above de- scribed Trust termination language constituted a spe- cial and not a general power of appointment in favor of Mrs. Greve. Pursuant to the clear language of said Trust termination provision, Mrs. Greve was required to designate and appoint persons to take that principal. The word “designate” is defined, in Websters New Colle- giate Dictionary, as to distinguish or to indicate and set apart for a specific purpose or to denote. The word “appoint” is defined, in Websters New Collegiate Dictionary, as to fix or set officially or to name officially. It is respectfully submitted that nowhere in her Will did Mrs. Greve fulfill the express requirement in said Trust termination language that she had to “desig- nate and appoint” persons to take the specified portion of the principal in said Testamentary Trust over which she had control by her Will. In summary, Mrs. Greve did not receive a general power of appointment in the Testamentary Trust created by Mrs. Wright. What she received was the right to specifically designate and appoint those persons who would take principal. She completely failed so to do; 9(...continued) 2003); In re Estate of Jaekel, 424 Pa. 433, 438 (1967).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011