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MATTER OF ESTATE OF BURGESS

No. 910242-CA.

836 P.2d 1386 (1992)

In the Matter of the ESTATE OF Mala P. BURGESS, Deceased. Peter D. BURGESS, Stephen M. Burgess, and P. Richards Burgess, Appellants, v. Gerald E. POULSEN, Richard A. Poulsen, and Gail W. Poulsen, Appellees.

Court of Appeals of Utah.

Certiorari Denied October 20, 1992.

Attorney(s) appearing for the Case

Randall E. Grant, David R. Olsen, William L. Prater, and Paul M. Simmons, Salt Lake City, for appellants.

Gary N. Anderson, Larry E. Jones, and Bruce L. Jorgensen, Logan, for appellees.

Before BENCH, P.J., BILLINGS, Associate P.J., and RUSSON, J.

OPINION

BENCH, Presiding Judge:

Appellants challenge the trial court's holding that Mala Burgess effectively executed a power of appointment of a marital trust granted to her by her predeceased husband in his will. We reverse.

FACTS

Dr. J. Paul Burgess, a widower with three sons, married Mala Poulsen in 1957. She did not have children prior to the marriage and there were no offspring from this union. In 1965, Dr. Burgess executed a will...

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