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Try CasePortal for FreeJ. Neeley finds the trial court improperly dismissed claims brought by the son of an heir to his parents’ estates against the other heir, his sister, who had her mother, who was the trustee of the deceased husband’s estate, rewrite her will in the sister’s favor, effectively appointing her as trustee and executrix of both estates’ assets. The mother’s power of appointment was based on a provision in the father’s will stating that she does not intend to exercise them. Absent a specific reference to the contrary, the mother’s will lacks any “other indication” from which the appeals court may infer an intent to exercise the power of appointment created by the father’s will. The court properly ruled on the brother’s daughter’s allegations of fraudulent inducement regarding the brother’s signing of his assets to his sister at his death. Affirmed in part. Reversed in part.