Timmons v. Ingrahm

Frank Sr.'s will created trusts for his adopted children (the Timmons, plaintiffs) and expanded the will's definition of 'children' to include both his own adopted children and his wife Myrtle's biological children, but granted Myrtle a limited power of appointment allowing her to direct trust assets only to Frank Sr.'s 'lineal descendants' — a term the will never similarly expanded; Myrtle exercised that power to grant all trust assets to her own four biological children, effectively disinheriting the Timmons, who sued alleging breach of fiduciary duty. The trial court granted Myrtle summary judgment, and the Timmons appealed.