California Court of Appeal April 14, 1992, F016653 (Estate of Berdrow)

Opinion

THAXTER, J.

We hold here that a will clause exercising a testamentary special power of appointment by apportioning shares between two appointees, with the apportionment of one appointee’s share contingent on his survival of the decedent, is a complete exercise of the power even if that appointee does not survive.