Casey v. Fred Hutchinson Cancer Research Center, Inc.

Fred Hutchinson Cancer Research Center and Children's Orthopedic Hospital and Medical Center (hereinafter the Charities) appeal a declaratory judgment that a testator did not validly exercise her testamentary power of appointment in accord with former RCW 11.95.060. Had the testator validly exercised her power, the Charities would have received trust property valued at more than $400,000. We affirm.

Boris Korry died in 1974. His will created a "Marital Deduction Trust" in favor of his wife, Alice [Korry] Clark, 2 and granted her a testamentary power of appointment over the trust. In relevant…