Law Commons^™

Wills-Construction-Gift To Executor To Be Disposed Of In His Discretion As A General Power Of Appointment, Colvin A. Peterson, Jr., S. Ed.

Michigan Law Review

Testator, after bequeathing specific legacies, gave the residue of his estate to his executor to "dispose of any balance after the aforementioned gifts have been paid according to his wise discretion.'' The executor was the husband of testator's niece, one of the legatees, and he was well acquainted with testator. He declared his intention of disposing of the residue to testator's nieces, for whom testator had expressed concern. The trial court held the testator had attempted to create a trust by the residuary clause, which failed for indefiniteness. On appeal, held, reversed. The testator created a general power of …