Rowland v. Moore

Citations

• 239 Pa. 513
• 86 A. 1064
• 1913 Pa. LEXIS 601

Syllabus

<p>Trusts and trustees — Deed of trust — Appointment of trusUe— Appointment ~by donee of power to appoint — Act of June Ik, 1886, P. L. 628.</p> <p>Where a husband and wife execute a deed of trust of real estate for the benefit of the wife for life and upon her death for the benefit of her husband, and upon the death of the survivor, over to their children then living in fee, and the deed gives to the wife power to appoint a trustee in case of a vacancy in the office, with power in the children if the wife fails to appoint to apply to the Court of Common Pleas for the appointment of a trustee, the wife may exercise the power to appoint even after an application has been made to the Common Pleas; and her right to exercise such power by the appointment of a proper trustee, is not defeated because she had neglected for a time to make an appointment, or because she had collected the rents, and applied them to her own use, or because she had paid to her husband in his lifetime certain moneys of the estate which he had lost.</p>