Rogers' Estate

Citations

• 31 Pa. Super. 620
• 1906 Pa. Super. LEXIS 272

Syllabus

<p>Will — Power—Wrongful exercise of power.</p> <p>Where a party undertakes to execute a power, but by mistake does it imperfectly, equity will interpose to carry his very intention into effect in aid of those who are peculiarly within its protective power, that is, creditors, purchasers, wives and children; but equity will not lend its aid in favor of a volunteer, nor give any assistance where both the remainder-man, under the alternative devise over of the donor, and the appointees are volunteers, and stand in equal equity.</p> <p>Where, under a special and restricted power, an appointment is made in excess of the power, whether the excess renders the appointment wholly void depends upon whether the excess is distinct and separable from the authorized portion of the appointment.</p> <p>A power to dispose by will of a certain sum of money out of a larger fund, to one class, and the balance of the fund to another class, with an alternative disposition by the donor of the power upon failure to malee such distribution, is not .validly executed by appointing a larger sum to the one class, and the balance of the fund to members of the second class not mentioned in the alternative disposition made by the donor.</p>