Boning's Estate

Citations

• 214 Pa. 19
• 63 A. 296
• 1906 Pa. LEXIS 587

Syllabus

<p>Trusts and trustees — Executors and administrators — Substituted trustee— Will.</p> <p>Testator having appointed two persons as executors and trustees of his will, directed as follows: “In case of the death of either of my executors I authorize and require the survivors to appoint some other individual in the place of the deceased executors to be testified by writing under the hand and seal of the said surviving executor which I direct to be filed in the office of the Register of Wills of the County of Philadelphia, which individual so appointed shall have all the power of an executor and trustee as if originally named as such in this my will.” Held, that the power to appoint a trustee was confined only to the survivor of the two persons named in the will, and that the person appointed by the survivor could not in his turn appoint another trustee.</p>