Law School Case Briefs

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Loring v. Marshall

Massachusetts Supreme Judicial Court (1985) | 484 N.E.2d 1315; 396 Mass. 166

3 min read

TL;DR: When a trust beneficiary partially exercised a special power of appointment, leaving the principal unappointed, the court ruled the principal passed by implication to the sole member of the permissible appointee class, not to the contingent remaindermen.

Legal Significance: Establishes that where a special power of appointment is not exercised and the instrument lacks an express gift in default, the unappointed property passes by implication to the members of the class of permissible appointees.