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· 5/13/1907

Dulles's Estate

Citations

  • 218 Pa. 162
  • 67 A. 49
  • 1907 Pa. LEXIS 473

Syllabus

<p>Wills — Trusts and trustees — Charitable use — Discretion of executor.</p> <p>Testatrix directed her executors hi default of written directions by her, to distribute a fund “ among such religious charitable and benevolent purposes and objects or institutions as in their discretion shall be best and proper.” Held, that a valid trust was created.</p> <p>The use of the word “benevolent” in such a will in connection with the words “charitable and religious” does not render the trust so indefinite that it becomes inoperative with the result of an intestacy as to the residuary estate.</p> <p>Indefiniteness is not a valid objection to a trust so long as there is a tribunal authorized to define it.</p> <p>The owner of property may do as he pleases with it provided the disposition be not to unlawful purposes, and what he may do himself he may do by agent while living, or by executor after death.</p>

Judges: Brown, Eell, Elkin, Mestrezat, Mitchell, Potter, Stewart

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