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Power of Appointment Case
While the daughters’ challenge to the validity of decedent’s
will was ongoing, decedent’s children disputed ownership of the
marital trust property. The daughters contended that decedent
had possessed no power of appointment over the marital trust
property and that, therefore, the property should revert to Mr.
Posner’s estate to be distributed equally to the three children
pursuant to the residuary clause in Mr. Posner’s will. David, as
decedent’s personal representative and trustee of decedent’s
revocable trust, contended that decedent possessed and exercised
a general power of appointment over the marital trust property
and, therefore, the property should be distributed to the various
charitable organizations and other beneficiaries named in
decedent’s revocable trust instrument.
Seeking to resolve this matter, the trustee of Mr. Posner’s
estate filed a complaint for declaratory judgment in the Circuit
Court for Baltimore County, Maryland (Baltimore County circuit
court), naming decedent’s three children as defendants. On
August 11, 1997, the Baltimore County circuit court granted
3(...continued)
The Baltimore County circuit court granted summary judgment
against the daughters. On appeal, the Maryland Court of Special
Appeals (court of special appeals) found a triable issue of fact
and remanded the case for a jury trial. See Geduldig v. Posner,
743 A.2d 247 (Md. Ct. Spec. App. 1999). On remand, the jury
found in favor of David and decedent’s estate on all counts,
upholding the validity of decedent’s will and rejecting the
daughters’ claims.
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Last modified: May 25, 2011