McNeile's Estate

Citations

• 217 Pa. 179
• 66 A. 328
• 1907 Pa. LEXIS 680

Syllabus

<p>Wills — Power of appointment — Exercise of power — Power to sell.</p> <p>Testator gave his widow a testamentary power of appointment to divide his estate “ among such of my children or their issue, in such shares and proportions as she may see proper and best.” The widow devised the estate to her executors in trust to sell the same and distribute the proceeds amongst six of her children, naming them. Held, that the appointment to the six children was valid, and that the power of sale to the executors delegated nothing but the ministerial authority to carry out her commands after her death.</p> <p>In the above case the widow gave by will out of her own estate certain pecuniary legacies to her other three children, and gave her own residuary estate to the six children in whose favor she had appointed under the will of her husband. In partition proceedings, the six children elected to take their share as land. Held, that the other three children had no standing to object to irregularities in the partition proceedings.</p>