Schwartz v. Baybank Merrimack Valley, N.A., Trustee
Massachusetts Appeals Court
456 N.E.2d 1141 (1983)
- Written by Sean Carroll, JD
Facts
Mary Cox’s will created a trust for the residue of her estate for the benefit of her daughter Dorothy Cox. The will provided that upon Dorothy’s death, Baybank Merrimack Valley, N.A. (defendant), the trustee, was to pay the principal to a person whom Dorothy appointed. Mary’s will provided that the appointment must be by Dorothy’s will and must specifically reference the appointment power given by Mary’s will. Mary’s will also provided that if Dorothy did not exercise her general power of appointment, the trust principal should go to New England Deaconess Hospital. Maurice Schwartz (plaintiff) drafted Dorothy’s will and was unaware of the trust and the power of appointment until after Dorothy’s death. The residuary clause of Dorothy’s will stated that the residue of Dorothy’s estate would be held in trust with income paid to her niece. Dorothy’s will did not reference the trust that Mary’s will established or the power of appointment. The probate court ruled that Dorothy failed to exercise the power of appointment that Mary’s will granted.
Rule of Law
Issue
Holding and Reasoning (Greaney, J.)
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