Appeal of Hacker

Citations

• 121 Pa. 192
• 15 A. 500
• 1888 Pa. LEXIS 660

Syllabus

<p>1. When the donor of a power is the absolute owner of the estate affected by it, he may impose upon its exercise, as against a mere volunteer not a charity, any lawful restriction desired, and the execution of the power must be in strict accordance with the terms imposed.</p> <p>2. AVhether an instrument is under seal or not, is a question to be determined by the court on inspection, and whether or not a mark or impression made shall be held to be a seal, depends wholly upon the intention of the person executing the instrument, as exhibited on the face of the paper.</p> <p>3. The donor of a power required it to be executed by a testamentary-writing under the hand and seal of the donee; the will of the donee exercising the power was attested, “ In witness thereof I have hereunto set my hand and seal,” and was signed thus: “Ellen Wain — ”: as the will disclosed a manifest purpose to execute the power and an avowed purpose to affix a seal, it may be assumed that the mark ( — •) was made and intended for a seal; the writing in this respect was a sufficient compliance with the donor’s directions, and the power was well executed.</p>