Estate of Lawrence

Citations

• 136 Pa. 354
• 20 A. 521
• 1890 Pa. LEXIS 1034

Syllabus

<p>1. When the donee of a power to appoint, by will, real estate situated in Pennsylvania, dies domiciled in another state, leaving a will containing an appointment of such realty, and which is probated in the forum of the domicile, the validity of the appointment so made, as an execution of the power, is to be determined by the law of Pennsylvania.</p> <p>2. The rule against perpetuities, to wit, that no interest, subject to a condition precedent, is good, unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest, is unmodified by statute, except as § 9, act of April 18, 1853, P. L. 507, and § 12, act of April 26, 1855, P. L. 332, operate in restraint of accumulations.</p> <p>:3. When a power of appointment is given, either by deed or will, the rule applies as well to the po#er as to the appointment; and, if made exercisable at a time beyond the limits of the rule, the power is bad: but, when it must be exercised, if at all, within the legal limit, it will not be rendered void by the fact that, within its terms, an appointment might possibly be made which would be too remote.</p> <p>4. Except when the donee of the power has absolute control, so that he can appoint to himself, or to any other person to take in his lifetime, and therefore is practically the owner, the remoteness of the estate ap pointed must be measui'ed from the time of the creation of the power, and no estate can be limited thereunder which would have been too remote if limited in the instrument creating the power.</p> <p>5. When the donee of a power to devise, who was in being at the creation of the power, appoints by will, in trust for life-tenants to take at his death, with remainder over, such appointment for life will be good, whether the appointees for life were born before or after the creation of the power, and even if the estate appointed in remainder be too remote : Smith’s App., 88 Pa. 492, overruled in part.</p> <