Mifflin v. Mifflin

Citations

• 121 Pa. 205
• 15 A. 525
• 1888 Pa. LEXIS 661

Syllabus

<p>1. If, by the terms of a deed of trust, the life tenant of realty have a general power of appointment by will, with full power also to convey in fee or by mortgage during his lifetime, then, though the power to sell or mortgage be not exercised, a testamentary appointment, which would have infringed the rule against perpetuities if read into the original trust deed, will not for that reason be adjudged invalid.</p> <p>2. The power to sell or mortgage, even though unexercised, renders the life estate destructible, which element affects the power of appointment by will, in view of the rule against perpetuities, the same as though the life tenant’s estate were an estate in fee: Smith’s App., 88 Pa. 492, distinguished.</p> <p>3. Real estate was conveyed in trust for a married daughter, for life, and at her death in trust for such estates and to such persons as she should by will appoint, with full power in her to sell or mortgage at any time during her life. The daughter did not sell or mortgage, but died leaving children, one of whom was born after the execution of the trust deed, and by her will she devised the property in trust for the separate use of her children, with power of appointment in each child by will, and with limitations over in default of its exercise:</p> <p>Held, that as the estate was destructible by the life tenant in her lifetime, the provisions of her will did not infringe the rule against perpetuities.</p>