ESTATE OF BERDROW

Docket No. F016653.

5 Cal.App.4th 637 (1992)

7 Cal. Rptr.2d 37

Estate of EARL LESTER BERDROW, Deceased. STANTON K. BERDROW, as Trustee, etc., Petitioner and Respondent, v. JENNIFER KOENIG et al., Objectors and Appellants.

Court of Appeals of California, Fifth District.

April 14, 1992.


Attorney(s) appearing for the Case

COUNSEL

Westover & Matthews and Pierre E. Auw for Objectors and Appellants.

Thomas, Snell, Jamison, Russell & Asperger, David M. Gilmore and Randolf Krbechek for Petitioner and Respondent.


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. Thus, the entire appointive property passes to the other named appointee and none is distributable to the deceased...

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