De Paul v. Irwin

Opinion

MASTERSON, J.

In 1982, Evelyn I. Anderson executed a will that exercised a testamentary power of appointment over a portion of a trust *238created by her deceased husband. In 1993, Anderson executed a second will that expressly revoked all prior wills and that inadvertently failed to exercise the power of appointment.

After Anderson died in 1995, the executor of her estate petitioned the trial court to admit to probate the 1993 will and that portion of the 1982 will exercising the power of appointment. One of Anderson’s stepgrandchildren initiated a will contest and objected to the admission…