Darling v. Edson

Citations

• 4 Pa. Super. 498
• 1897 Pa. Super. LEXIS 152

Syllabus

<p>Will — Construction—Exercise of power.</p> <p>A power was given to widow of testator “ to divide all my real and personal estate among my children as she shall see proper, giving to each such share as her judgment shall dictate.” Held, that a devise of a farm in fee to two of the children referred to in the husband’s will, and the charging of such land with pecuniary legacies in favor of the other children and a daughter of a deceased child, is a valid execution of the power.</p> <p>The sums directed to be paid by the two sons, were undoubtedly charges on the farm, the realty and personalty being blended by the will, and it being expressly stated that these sons took what was devised and bequeathed to them on the condition that they should pay said sums of money, it follows that these sums are to be discharged by a sheriff’s sale of the farm, and are payable, before subsequent liens, out of the proceeds.</p> <p>Will — Exercise of power — Limitation to a class — Trust estate not contemplated.</p> <p>Where an estate was limited by the will of the first testator to a class, the donee of a power is without power to appoint a trust estate to one of that class, and such appointee will take an absolute estate especially when an absolute appointment is made to said appointee as an alternative in the event of the limited appointment being in conflict with the will of the first testator.</p>