Quimbee logo
DMCA.com Protection Status

Motes/Henes Trust, Bank of Bentonville v. Motes

761 S.W.2d 938 (1988)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Motes/Henes Trust, Bank of Bentonville v. Motes

Arkansas Supreme Court

761 S.W.2d 938 (1988)

Facts

Attorney John Johnson helped Helen Henes execute a will. The will stated that if Henes held any power of appointment at her death, Henes exercised that power to appoint, i.e., give, the property to her residuary estate. Later, Johnson helped Henes and her sister, Elizabeth Motes (plaintiff), to create an irrevocable trust to hold $6 million that they shared. The trust gave each sister a power to appoint her share of the trust’s assets to someone in her will if the sister specifically referred to the trust as the power’s source. Because the trust was irrevocable and could not be changed, Johnson included the power-of-appointment provision in the trust in order to allow the sisters to change who the trust assets would go to after their deaths by changing their modifiable wills. Johnson believed that Henes wanted her half of the trust’s assets to go to her residuary estate at her death and that the trust and will documents, as drafted, would accomplish that. Thus, Henes did not modify her will after the trust was created to include a specific reference to the trust. Henes died before Motes. The trust’s trustee (plaintiff) and Motes petitioned for a declaration that Henes’s will had not validly exercised Henes’s power to appoint half the trust’s assets because the will did not make a specific reference to the trust as the source of the power being exercised. The trial court ruled that the will’s general language was sufficient to exercise Henes’s power to appoint her share of the trust’s assets to her residuary estate. The trustee and Motes appealed.

Rule of Law

Issue

Holding and Reasoning (Hays, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership