McClellan's Estate

Citations

• 221 Pa. 261
• 70 A. 737
• 1908 Pa. LEXIS 476

Syllabus

<p>Will — Power of appointment — Valid exercise of power — Intestacy.</p> <p>Testatrix gave all of her estate to her husband for the term of his life with power to dispose of the same during his life and with power at his death to appoint and vest any or all that remained undisposed of to such person as he might see fit, provided that nothing should be disposed of or given during his life or by his will to any member of his family. In case the husband died intestate the estate was given to decedent’s brother. The husband died leaving a will by which he appointed the estate coming to him from his wife to a person designated for life, and after the death of such person to the latter’s daughter for life with power to appoint the principal by will. Held, that the husband of the testator validly exercised the power given to him, and that there was no intestacy of that part of the estate derived from his wife.</p> <p>In such a case although the will of the husband gave the donee of the power a life estate with power to appoint to another for life, and with authority in the last donee to will the principal as she should choose, and therefore with power to create a life estate in one who is not in being at the death of the testatrix, yet the law 'will not assume that the daughter would exercise her power of appointment in any other way than that which would be valid.</p> <p>The law will remedy, if it can, the defective execution of a power, and will not strike down a trust which is in part good, and in part invalid.</p> <p>Estates — “ Vests ” — Definition.</p> <p>To vest is to give a legal or equitable seisin. An estate vests in a person who is given a present and immediate interest, as distinguished from an interest whose existence depends upon a contingency.</p> <p>Will — Power of appointment — Limitation upon power.</p> <p>A proviso limiting a power of appointment is by operation of law written into any will, or power of appointment which the donee of the power may execu