Dick v. Harby

Citations

• 48 S.C. 516
• 26 S.E. 900
• 1897 S.C. LEXIS 126

Syllabus

<p>1. Wm, — Power—Executor.—Where a testator, after devising certain property in trust, adds: “If occasion should arise, in the opinion of my executors, to sell any portion of my estate, they are hereby authorized to make such sale, and to reinvest the proceeds to such uses as are prescribed in relation to the property sold, ” a power coupled with a trust is created, and the surviving executor may sell the property for reinvestment. Cases considered.</p> <p>2. Ibid. — Ibid.—An intent to execute a power will be inferred, where there is a reference in the will to the power and to the property on which it is to be executed.</p>