Greenwood v. Peterson

OPINION

EUBANK, Judge.

This appeal questions whether a surviving wife properly exercised her power of appointment over the proceeds of a trust in her will. The trial court, following an A.R.S. § 14-7201 proceeding construing the terms of Oscar A. Strobel’s inter vivos (living) trust, determined that the power of appointment granted therein was not properly exercised by Oscar’s wife because her will did not make “specific reference” to the trust as required.

The facts are not in dispute and are stated in detail in the findings made by the trial judge as follows:

1. This matter arises in connection…