Union Bank v. Murphy

Opinion

WRIGHT, C. J.

John W. Murphy (Murphy) died on April 29, 1971, survived by his wife Royene, whom he had married in 1942. Murphy’s will purported to place all of his and Royene’s community property, as well as his own separate property, into two trusts in which Royene would have life interests plus a general testamentary power of appointment in the trust that .included her community property interest. The will declared, however, that “[i]f my wife elects to take the rights given her by law, she shall nevertheless be entitled to the benefits given her by this Will with respect to all…