HARGROVE et al. v. RICH et al. , 278 Ga. 561

Summary

The decedent was granted a power of appointment by her mother's will. The decedent's will specifically referred to the power of appointment and exercised it in favor of the niece. The appellate court found that the language in the decedent's will was sufficient to exercise the power of appointment. However, the decedent did not have the authority to exercise the power of appointment in favor of only one niece. Where a power of appointment was limited to the nomination of certain persons from a class or from persons named or indicated by the donor, the selection of outsiders was not sustainable as a valid exercise of the power. Under the language of the mother's will, the decedent had only limited authority to exercise the power in favor of "her brothers or sisters or her nieces and nephews, or descendants of deceased nieces and nephews." The donor's use of the conjunctive "and" in the phrase "nieces and nephews" indicated her intent to limit the power of appointment to preclude the ...