{"id":2858,"date":"2014-10-01T10:55:24","date_gmt":"2014-10-01T14:55:24","guid":{"rendered":"http:\/\/resources.evans-legal.com\/?p=2858"},"modified":"2019-02-06T11:53:40","modified_gmt":"2019-02-06T16:53:40","slug":"exercising-limited-power-of-appointment-in-bad-faith","status":"publish","type":"post","link":"https:\/\/resources.evans-legal.com\/?p=2858","title":{"rendered":"Exercising Limited Power of Appointment in Bad Faith"},"content":{"rendered":"

Surviving spouse, with a limited power of appointment over marital trust, exercised such appointment to the exclusion of one of her three children, to which the excluded child objected, because the surviving spouse had acted in bad faith and did not have the power to exclude her; the court examined PA case law and concluded that a donee (surviving spouse) exercising a limited power of appointment need only act within the language of the power conveyed, which the surviving spouse had.\u00a0 Zucker Estate<\/em>, 4 Fid. Rep. 3d 369 (O.C. Montgomery 2014) (Opinion by Ott, J.), aff’d, 122 A.3d 1112, 2015 PA Super 190<\/a> (9\/8\/2015).<\/p>\n

[The disposition of this case by the Superior Court is somewhat unusual.\u00a0\u00a0 The Superior Court initially affirmed the trial court in a non-precedential opinion, No. 2727 EDA 2014 (Pa. Super 8\/5\/2015).\u00a0\u00a0 On 8\/19\/2015, one of the prevailing parties, Soctt R. Zucker filed an \u201cApplication for Publication of Memorandum Decision.”\u00a0\u00a0 On August 25, 2015, the application was granted, and an order entered that the \u201cMemorandum filed August 5, 2015, will be withdrawn and refined as an Opinion in accordance with Superior Court Operating Procedure 65.37(B).\u201d\u00a0\u00a0 The resulting opinion was published on 9\/8\/2015. ]<\/p>\n","protected":false},"excerpt":{"rendered":"

Surviving spouse, with a limited power of appointment over marital trust, exercised such appointment to the exclusion of one of her three children, to which the excluded child objected, because the surviving spouse had acted in bad faith and did … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[34],"tags":[147,398,397],"class_list":["post-2858","post","type-post","status-publish","format-standard","hentry","category-opinions","tag-bad-faith","tag-disinherit","tag-limited-power-of-appointment","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2858","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2858"}],"version-history":[{"count":5,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2858\/revisions"}],"predecessor-version":[{"id":6567,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2858\/revisions\/6567"}],"wp:attachment":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2858"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2858"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2858"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}