Mieras v. DeBona

(separate opinion). Shortly before her death, 1 Nita Ledbetter Jackson signed a new will disinheriting her daughter, Juanita Neville, and dividing her estate between her other children, Ruth Ann Mieras and Elmer E. Ledbetter, the plaintiffs in this action.

The new will did not exercise a general power of appointment conferred on Jackson under the terms of a marital trust established for Jackson’s benefit by her husband, Ellsworth C. Ledbetter, the father of the three children. In default of exercise of the power, Neville was entitled to one-third of the corpus of the trust upon Jackson’s…