Legal Opinion
Ferrell-French v. Ferrell
District Court of Appeal of Florida
Decided March 5, 1997No. Nos. 96-0010, 96-0280PublishedCited by 2 opinions
1Opinion of the Court
KLEIN, Judge.
Mary Jane Ferrell, who died in 1974, gave her husband a power of appointment to be exercised by will, instructing him to divide trust assets “among my descendants in such manner and in such unequal proportions as he shall see fit.” Mary’s husband, Robert, who died in 1995, exercised the power of appointment and excluded one of their daughters. The daughter, Patricia, filed this suit, claiming she could not be excluded and that the exercise of the power was therefore invalid. We affirm the trial court’s decision that Patricia could be excluded.
Both sides agree that this case…
2Cases cited10 opinions
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Frye v. LoringMassachusetts Supreme Judicial Court · 1953
- Estate of Stewart v. CaldwellSupreme Court of Florida · 1972
- The Nat. State Bank of Newark v. MorrisonNew Jersey Superior Court Appellate Division · 1949
- Beattie v. AdamsNew Jersey Superior Court Appellate Division · 1938
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3Cited by2 opinions
- In Re Estate of HopeColorado Court of Appeals · 2007
- Ehrlich v. Anita Flowers & American National BankColorado Court of Appeals · 2007