Powers of Appointment
A husband’s will granted his wife a general testamentary power of appointment over trust property to be exercised by “specific reference.” Wife’s will stated her intention to dispose of all property including any “as to which I may have a general power of appointment by will.”
The intermediate appellate court overturned summary judgment for the takers in default, holding that under Kentucky law a requirement of specific reference can be met by substantial compliance and that the wife’s will met that standard.
Hudson v. Old Nat’l Trust, No. 2004-CA-001468-MR, 2005 WL 2323344 (Ky. Ct. App. Sept. 23, 2005).
Special thanks to Rita and Joseph Solomon Prof. William P. LaPiana of the New York Law School for contributing this case.