Pennsylvania Co. for Insurances on Lives & Granting Annuities' Account

Citations

• 264 Pa. 433
• 107 A. 840
• 1919 Pa. LEXIS 670

Syllabus

<p>Wills — Deeds—Power—Execution of power — Intention—Parties —Equity—Act of June If, 1879, P. L. 88.</p> <p>1. Under the Act of June 4,1879, P. L. 88, a power contained in a deed is executed by a will of earlier date than the deed, unless a contrary intention appears by the will.</p> <p>2. Under the law as it existed before the passage of that act the question as to whether or not a will was an execution of a power of appointment was one of intention to be gathered from the language of the will itself, and unless it referred either to the power, or the property the subject of the power, or it would have no operation except as an execution of the power, the will would not be treated as an execution thereof. On the other hand under the act the will operates as an execution of the power unless a contrary intention appears by the will itself.</p> <p>3. One who has no interest in a fund, cannot be heard to complain that it was not awarded to the right party.</p>