Appeal of Pepper

Citations

• 120 Pa. 235
• 21 W.N.C. 388
• 13 A. 929
• 1888 Pa. LEXIS 477

Syllabus

<p>A testator devised and bequeathed a share of his estate in trust for his son Charles, for life, “ and from and after his death, then to the use of such of his children and issue, and in such shares and for such estates as he shall by last will appoint, and, in default of such appointment, then to the use of all his children that may be living at his death,” etc.</p> <p>The son Charles died leaving but one son, Charles R., and by his will appointed all the said trust estate to said Charles R. until the expiration of twenty-one years after the death of the survivor of several persons named, all in being, and upon the express condition that he should not in any manner convey, assign or transfer the same, or the rents, issues and profits thereof, or do or suffer anything whereby the same should be attached or seized in execution or subjected to the insolvent or bankrupt laws ; and, should any of these things happen, and in case Charles R. should die before the expiration of said period of twenty-one years leaving issue, “ then and in any such case I devise, bequeath and appoint my said share in my said father’s estate to such issue, tlioir heirs, executors and administrators, and if more than one, in such shares and proportions as if my said son had died seized and possessed thereof, intestate: ”</p> <p>Held, that as the estate was limited by the will of the first testator to a class to which Charles R. belonged and of which he was the only member, the donee of the power was without authority to appoint a forfeit-able estate to Charles R., who therefore received an absolute estate unaffected by the invalid appointment.</p>