Matter of Estate of Burgess

OPINION

BENCH, Presiding Judge:

Appellants challenge the trial court’s holding that Mala Burgess effectively executed a power of appointment of a marital trust granted to her by her predeceased husband in his will. We reverse.

FACTS

Dr. J. Paul Burgess, a widower with three sons, married Mala Poulsen in 1957. She did not have children prior to the marriage and there were no offspring from this union. In 1965, Dr. Burgess executed a will which created a marital trust if Mrs. Burgess survived him (the Marital Trust). In the trust provisions of his will, Dr. Burgess granted to Mrs. Burgess a general…