Eimers v. Saletta CA1/2
Probate Code section 632 provides, “If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the power can be exercised only by an instrument containing the required reference.”
Here, a trust created by his father granted decedent Timothy Eimers (Timothy) a power of appointment to distribute his interest in the trust with the proviso that Timothy exercise the power of appointment “by will specifically referring to and exercising this power of appointment.” The question on appeal is whether Timothy effectively exercised this power of appointment through his holographic will, in which he wrote he was leaving his “shares of” the trust to appellants Charles J. Saletta and Caryn Saletta, but he did not specifically refer to his “power of appointment.”
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