Rosoff v. Harding

The issue in this appeal involves the application of the doctrine of dependent relative revocation to a will in which the decedent failed to exercise a power of appointment in accordance with its terms. Appellee claims that the court should apply the doctrine to revive the clause of a prior will in which the power was also exercised. Because it is not shown from the testamentary documents before the court that the testator preferred the prior exercise of the power over her current testamentary scheme, the doctrine of dependent relative revocation cannot be applied. We therefore affirm. Raymond Molinari executed a will on May 1, 1974. In his will, he created a testamentary trust (""Molinari Trust"") for the benefit of his sister, Teresa Rosoff, during Teresa's lifetime. Molinari granted Teresa a general power of appointment that allowed her to dispose of the balance of the trust in her discretion. Specifically, this provision in Molinari's will provided: