Overview
General vs. special, specific reference, release, exercise. This module covers 13 of The Law of Trusts casebook, with real case holdings, key principles, and practical problems.
Educational content from the casebook "The Law of Trusts" — rebranded under AKASHIC INTELLIGENCE / LOVELOVINGLIFE. This is legal education, not legal advice. Trust law varies by state. Always consult a qualified estate-planning attorney.
Key Cases (2)
Doggett v. Robinson
345 S.W.3d 94 · Issue: Power of appointment — specific reference requirement
Holding: A general residuary clause does not exercise a power of appointment requiring 'specific reference.' The donee's will must affirmatively refer to the power.
Schwartz v. Baybank Merrimack Valley
456 N.E.2d 1141 · Issue: Power of appointment — failure to exercise
Holding: When the donor requires specific reference and the donee's will makes no reference to any power, the appointment fails. The property passes to the default taker.
Practice Problems (1)
Power of Appointment — Specific Reference
Scenario: A power requires exercise by 'specific reference' in the will. The donee's will has a general residuary clause but does not mention the power. Exercised?
Analysis: No — a general residuary clause does not satisfy a specific reference requirement. The donee's will must affirmatively refer to the power. The property passes to the default taker.
Deep Dive
Read the full chapter in The Law of Trusts, Made Plain