Estate of Hamilton
Appellate Division of New York
190 A.D.2d 927 (1993)
Milton's final 1982 will granted his wife Anita a general power of appointment requiring exercise through specific reference in her own will, but Anita's 1967 will (executed before Milton's later wills, which each revoked all prior wills) specifically referenced only the power of appointment granted under Milton's earlier, since-revoked 1966 will; the lower court held Anita failed to validly exercise the power granted under the operative 1982 will, and her son appealed.
Whether, if a person has a power of appointment that may only be exercised by a will that specifically refers to the power of appointment, and fails to make a specific reference, the power of appointment is validly exercised.