Motes/Henes Trust v. Motes

Steele Hays, Justice.

The single issue presented by this appeal is whether a reference in the testator’s will to a power of appointment was sufficient to exercise a power of appointment in a trust instrument.

Helen Fay Henes, deceased, executed a will in 1979 containing the following residuary clause:

I give, devise and bequeath all of the remainder and residue of my estate together with property to which I may have a power of appointment at the time of my death, to the trustee hereinafter named, to be held in trust for the uses. . . . [Emphasis added.]

In 1982, the Motes/Henes trust was…