Irwin

De Paul v. Irwin

Good Law
1997 Cal. App. LEXIS 542·56 Cal. App. 4th 235·65 Cal. Rptr. 2d 307·97 Daily Journal DAR 8709·97 Cal. Daily Op. Serv. 5417
Court of Appeal of CaliforniaJuly 7, 1997No. B099006California6,618 words

Opinion

Lead Opinion

Masterson, J.

In 1982, Evelyn I. Anderson executed a will that exercised a testamentary power of appointment over a portion of a trust *238 created by her deceased husband. In 1993, Anderson executed a second will that expressly revoked all prior wills and that inadvertently failed to exercise the power of appointment.

After Anderson died in 1995, the executor of her estate petitioned the trial court to admit to probate the 1993 will and that portion of the 1982 will exercising the power of appointment. One of Anderson’s stepgrandchildren initiated a will contest and objected to the admission of any portion of the 1982 will.

After conducting an evidentiary hearing, the trial court found that Anderson intended to exercise the power of appointment and that the 1993 will did not revoke the provision in the 1982 will exercising that power. Applying the doctrine of dependent relative revocation, the trial court admitted to probate the 1993 will and the portion of the 1982 will exercising the power of appointment.

The contestant challenges the trial court’s order to the extent it admits to probate the provision in the 1982 will. We affirm.

Background

In 1948, Anderson married Wilbur R.…

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