Estate of Eddy

Kellner, Mitten & Ybarrondo and James C. Mitten for Claimant and Appellant.

Paoli & Paoli, Paoli, Paoli & Short and Sylvia L. Paoli for Petitioner and Respondent.

OPINION

KAUFMAN, Acting P.J.

The primary question on appeal is whether the decedent Muriel Eddy (Mrs. Eddy) effectively exercised in her will a general discretionary power of appointment given her by the will of her predeceased husband Everett Eddy. The trial court concluded she had and that the appointive property was subject to disposition in her estate. We conclude she did not and that the property is not subject to disposition in her estate.

In 1968 Everett Eddy and Muriel Eddy were husband and wife. Each had been married before. Mr. Eddy had a son by a previous marriage, William E. Eddy. Mrs. Eddy had no children but she did have a sister, Brenda Hemming. During her earlier marriage she also had a stepson, Floyd E. Chamberlin.

On March 18, 1968, Mr. and Mrs. Eddy executed their respective wills, drafted by the same law firm and witnessed by the same persons.

Mr. Eddy's will purported to dispose of all of his own property, both his separate property and his half of the community property, as well as Mrs.…