O'Connor

Estate of O'Connor v. O'Connor

Good Law
237 Cal. Rptr. 3d 519·26 Cal. App. 5th 871
Court of Appeal of CaliforniaAugust 29, 2018D071284California7,406 words

Opinion

lead Opinion

Rourke, J.

Appellants Brian O'Connor and Astrid O'Connor Bassett appeal from orders (1) declaring that decedent John O'Connor's power of appointment exercised in his will complied with the requirements of Probate Code 1 section 632 and (2) for probate of his will. The sole question for our independent review arising out of both appeals is whether the language in the decedent's will-"I exercise any Power of Appointment which I may have over that portion of the trust or trusts established by my parents for my benefit or any other trusts for which I have Power of Appointment"-constitutes a valid and effective exercise under section 632, which requires, if directed by the instrument granting the power, that the exercise include "a specific reference to the power [of appointment] or to the instrument that created the power ...." We conclude the language of decedent's will contains enough detail to discern his conscious exercise of the particular power of appointment granted to him, and thus complied with the requirements of both the granting instrument and section 632 that he make a specific reference to the power of appointment. Accordingly, we affirm the orders.

FACTUAL AND PROCEDURAL…

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