Hargrove v. Rich

Summary

The Supreme Court of Georgia considers whether Frances Rich validly exercised a testamentary power of appointment over trust property. The court holds that her will sufficiently referenced and exercised the power, but that she could not appoint the property solely to one niece because the donor’s will limited the permissible beneficiaries and precluded excluding the other nieces and nephews. The judgment in favor of Jack Rich is affirmed.

Holdings

1. Frances's testamentary language expressly referring to the power of appointment granted under Item III (B) was sufficient to exercise the power; the donor's will did not impose an additional formal requirement that Frances separately direct the trustees to transfer the property.
2. Frances lacked authority to exercise the power of appointment solely in favor of Hargrove to the exclusion of the other nieces and nephews identified in the donor's will.

Questions Presented

1. Whether Frances's language in her will expressly referring to the power of appointment was sufficient to exercise that power despite not separately directing the trustees to transfer the property.
2. Whether the donor's will authorized Frances to exercise the power solely in favor of one niece while excluding the other nieces and nephews within the specified class.

Disposition

affirmed