Washington Law Review


Susan F. French


Although litigation involving powers of appointment has been relatively infrequent, the increasing use of powers over the last few decades forebodes increasing litigation in this field. Anticipating this development, several states have enacted fairly comprehensive statutes which attempt to set forth in accessible form certain aspects of the common law of powers, make certain revisions in the common law, and replace outmoded statutes on powers. One area in which both the common law and the recent statutes are inadequate is in the application of antilapse statutes to appointments made by will. This article examines the development of the common law in this area and the modern statutory treatment of the application of antilapse statutes to testamentary appointments. The problems created by both are then analyzed, possible judicial solutions are explored, and finally a statutory solution is proposed.

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