Freeman's Estate

Citations

• 40 Pa. Super. 41

Syllabus

<p>Will — Power of appointment — Restriction as to class — Invalid appointment as to portion of estate.</p> <p>Where a testator gives his estate to a trustee to pay the income therefrom to his sons and daughters and “ from and after the death of either of my sons or daughters and until the death of all of them to pay the income which he or she would, if living, have received to such person or persons of kin, to such son or daughter as he or she may by will have appointed, and in default of such appointment to the child or children of such son or daughter,” and one of the sons on dying appoints among his own children, but makes an invalid appointment of a share of the income to a person not of the kin of his father, the void appointment will not invalidate the appointments to the children, and the amount of the income invalidly appointed will be divided equally among the son’s children in accordance with the alternative contained in the will of the donor of the power.</p>