Bailey's Estate

Citations

• 276 Pa. 147
• 119 A. 907

Syllabus

<p>Will — Power of appointment — Limitation on power — Widow-Trusts and trustees — Substituted trustee — Family settlement— Sale — Orphans’ court sale — Price Act — Jurisdiction of orphans’ court — Beal estate — Conversion.</p> <p>1. In determining whether a power of appointment is validly exercised, consideration must be directed to the intention of the donor, the purpose for which the power was created, and whether its exercise expressly or impliedly violates the conditions laid down by the donor.</p> <p>2. Where a testator gives to his widow his estate in trust, blending real and personal estate, and empowers her to divide her estate among their “joint issue” in such manner and in such proportion as she may think proper and advisable, the appointment to be as “effective as if made by” himself, the will of the widow is supreme within the class designated. If she designates all the children of herself and husband, she is well within the power.</p> <p>3. In such case no agreement made between herself and children, interfering with the appointing power confided by the husband, can bind her hands contrary to the provision of her husband’s will.</p> <p>4. Where the widow resigns the trust, and a trust company is appointed by the orphans’ court in her place, and subsequently she dies leaving a will by which she exercises the power of appointment within the limitations of her husband’s will and in accordance with a family settlement, and designates the trust company as her trustee, and provides for the division of the estate in cash, the legal title of the real estate passes to the trust company, and such company has standing to petition the orphans’ court for leave to sell under the Revised Price Act, so as to divide and distribute the estate.</p> <p>5. By the terms of the widow’s will, there is a conversion of the realty.</p>