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MOTES/HENES TRUST v. MOTES

No. 88-186.

761 S.W.2d 938 (1988)

297 Ark. 380

MOTES/HENES TRUST, BANK OF BENTONVILLE as Trustee and Elizabeth Henes Motes, Appellants, v. Richard Ruffin MOTES, Mary Elizabeth Motes, John Thomas Motes, Myra Lucinda Motes, and Sam Dod Motes, Jr., Appellees.

Supreme Court of Arkansas.

December 19, 1988.

Attorney(s) appearing for the Case

F. Wilson Bynum, Jr., Dickey Law Firm, Pine Bluff, for appellants.

Kevin A. Crass, Little Rock, for appellees.

HAYS, Justice.

The single issue presented by this appeal is whether a reference in the testator's will to a power of appointment was sufficient to exercise a power of appointment in a trust instrument.

Helen Fay Henes, deceased, executed a will in 1979 containing the following residuary clause:

I give, devise and bequeath all of the remainder and residue of my estate together with property to which I may have a power of appointment at the time...

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