Estate Of Hamilton

593 N.Y.S.2d 372 (1993)

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Nature of the Case

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Facts

Anita died in 1989 fifteen days after the death of her husband who will granted Anita the power to appoint the principal of a trust fund in such a manner as she may direct but only in her last will and testament but only if it mentioned this particular power from the 1982 will. The husband's probated will was from 1982. Anita's 1967 will stated that she exercised a power of appointment of a prior will drafted by her husband in 1966 to her son and the wife of her son. Both the husband's 1982 will and Anita's 1967 will were admitted to probate. The court then determined that Anita had not exercised her appointment and that remainder of the fund should pass to her two daughters.