Estate of Marshall

Citations

• 138 Pa. 260
• 22 A. 90
• 1890 Pa. LEXIS 1266

Syllabus

<p>(а) A testator gave real estate to his executors, to be held for the benefit of his children, and provided: “I wish them.tobe invested with full power to give or withhold as they think best for the interest of any or all my children.” The will further provided:</p> <p>(б) “I hereby authorize my executors to purchase and sell real estate at public or private sale, as they deem for the best interests of my children, and to hold it in trust for them, or give it to them, as they regard their best interest: ”</p> <p>1. The power of sale was discretionary, and without limitation as to the time within which sales should be made. Moreover, the discretion was absolute, and needed not the aid of the Orphans’ Court to support it, even against the objection of an assignee for creditors of a beneficiary.</p>