Scott v. Bryan

Citations

• 194 Pa. 41
• 45 A. 135
• 1899 Pa. LEXIS 720

Syllabus

<p>Powers — Will—Deed—Exercise of power.</p> <p>The general rule in determining the validity of the execution of powers is that the intention of the donee to execute is the turning point. Such intent will not be presumed from the mere grant of a larger estate than the grantor possessed, but it may be gathered from such grant coupled with other evidence of intent, such as a description of the subject of the power sufficient to identify it.</p> <p>Testator gave to his niece ‘ ‘ as her own separate estate ” certain real estate for her life, with the power to sell at any time, and give a good fee simple deed therefor.” Subsequently the niece executed a conveyance of the property in fee with general warranty. No reference was made in the deed to the power, but the will containing the power was mentioned in the recital of title in the deed. The niece had no other real estate. Held, (1) that the deed itself with its recitals evinced an intent to execute the power; (2) that the fact that she had no other real estate was conclusive evidence of her intent to exercise the power; (3) that she took a separate use trust under her uncle’s will which she could not convey away, and that therefore her deed could have no legal effect, except as an exercise of the power.</p> <p>Trust and trustees — Separate use trust — Intention—Gift.</p> <p>Where the intent to create a separate use trust is clear no particular form of words is necessary.</p> <p>A gift to a married woman of property “ as her own separate estate” creates a separate use trust.</p>