Cessac v. Stevens

Sally Christiansen was a beneficiary of three trusts created by her father, each providing that upon her death, trust assets would pass to whomever she appointed in her will, but only if her will made "specific reference to the power herein granted"; otherwise the assets would go equally to her two children, including Marcia Stevens. Christiansen's will left $5,000 to another person and the rest of her estate to Joanne Cessac, and it mentioned one trust by name and location and referred generally to "two" others held at a different institution — but it never mentioned the power of appointment itself. After Christiansen died, Stevens sought a declaration that the trust assets should pass to her and her brother because Christiansen never properly exercised her appointment power, and the trial court agreed. Cessac (as representative of Christiansen's estate) appealed.