Estate of Sarah E. Greve, deceased, Charles E. Greve & David R. Greve, Co-Executors - Page 15

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          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).                     




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