Hargrove v. Rich
Georgia Supreme Court
604 S.E.2d 475 (2004)
- Written by Salina Kennedy, JD
Facts
Cecil H. Rich was the mother of Frances Rich and Jack Rich (plaintiff). In her will, Cecil granted Frances a special power of appointment over one-fourth of her estate. This portion of Cecil’s estate was to be held in trust. The power authorized Frances to direct Cecil’s trustees to distribute the property to Frances’s brothers or sisters, nieces and nephews, or descendants of deceased nieces and nephews. Frances was authorized to exercise the power during her lifetime by delivering a signed, written document to the trustees or at her death by making express reference to the power in her will. Frances used her will to expressly exercise the power of appointment in favor of only one of her nieces, Frances Ann Hargrove (defendant) to the exclusion of her other nieces and nephews. After Frances Rich died, Jack filed a declaratory judgment action claiming an interest in the property and arguing that Frances had improperly exercised her power of appointment. The trial court found for Jack, and Hargrove appealed.
Rule of Law
Issue
Holding and Reasoning (Hunstein, J.)
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