Ferrell-French v. Ferrell
Florida District Court of Appeal
691 So. 2d 500 (1997)
Mary Jane Ferrell gave her husband, Robert Ferrell Sr., a special power of appointment to divide trust assets via his will among Mary’s “descendants in such manner and in such unequal proportions as he shall see fit.” Robert Sr. exercised the power of appointment in his will and excluded Patricia Ferrell-French (plaintiff), one of Mary and Robert Sr.’s daughters. Patricia sued, arguing that Robert Sr.’s exercise of the power of appointment was invalid because he excluded her from the distribution of trust assets. Robert Ferrell Jr. and Maribel Sharkoff (defendants), Patricia’s siblings, challenged, arguing that Robert Sr.’s power of appointment was exclusive and that Robert Sr. was therefore entitled to exclude Patricia in his discretion. The parties all conceded that the power of appointment was special, not general. The trial court held that Robert Sr.’s power of appointment was exclusive and that he permissibly excluded Patricia. Patricia appealed.
Rule of Law
Holding and Reasoning (Klein, J.)
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