Estate of Masson

California Court of Appeal Jun 25, 1956 No. Civ. No. 16872Published

Before: Dooling

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Holding. The court held that the donee of a general power of appointment effectively appointed the trust property to her estate to be administered by her executors, thereby requiring the trustees to deliver the corpus to the executors rather than directly to the appointees.

Issues

Whether the donee of a general power of appointment intended to appoint the trust property to her estate for administration by her executors or to confer a power of appointment upon them as individuals.
Whether the trust corpus should be delivered to the executors of the donee's estate or directly to the beneficiaries designated in the donee's will.

Disposition. reversed

Quotations verified verbatim against the opinion

“the donee of a general, i. e., unrestricted, power of appointment such as that contained in the will of Paul Masson may appoint the property to her estate to be therein administered and distributed by her executors”

“it is the duty of the trustees to deliver the property to her executors.”

142 Cal.App.2d 510 (1956) Estate of PAUL MASSON, Deceased. LUDWIG A. EMGE et al., as Executors, etc., Appellants,

WELLS FARGO BANK AND UNION TRUST COMPANY (a Corporation) et al., Respondents.

Civ. No. 16872. California Court of Appeals. First Dist., Div. Two.

June 25, 1956. Joseph A. Brown for Appellants.

Rea, Frasse & Anastasi and Irvin A. Frasse for Respondents.

DOOLING, J.

This appeal is taken by the executors of the last will and testament of Adele Masson, deceased, from an order and decree of the Superior Court of Santa Clara County settling the eighth and final account of certain trustees and instructing those trustees.

Respondents, Wells Fargo Bank and Union Trust Company and S. L. Weston, are the trustees of a testamentary [511] trust created by the terms of the last will and testament of Paul Masson, deceased, father of Adele Masson, deceased.

The fourth clause of Paul Masson's will provided that the residue of his estate should be held by the respondents in trust. Respondents as trustees were directed to pay to Paul Masson's daughter, Adele Masson, the sum of $500 per month out of the net income of the trust. It was further provided in this clause:

"(b) This trust shall cease and terminate upon the death of my daughter, Adele Masson, who shall have the power of disposing of the corpus of this Trust after her death by her Last Will and Testament and upon her death the corpus shall vest as designated by her in her said Will."

Paul Masson died October 22, 1940, domiciled in Santa Clara County where his will was admitted to probate.

Adele Masson, deceased, by her holographic will dated November 22, 1952, together with certain codicils thereto, exercised the power of appointment given to her by her father. In paragraph five of her will she provided:

"My father's estate, now in charge of Wells Fargo Bank, I bequeath to whichever American society, which, in the discretion of my executors, does best research into the diseases of old age (geriatrics)."

Estate of Masson

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DOOLING, J.

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