Shoch's Estate

Citations

• 271 Pa. 158
• 114 A. 502

Syllabus

<p>Wills — Power of appointment — After-born child — Implied revocation — Intestacy—Presumption—Act of June 4, 1879, P. L. 88.</p> <p>1. The birth of a child after the date of a will, which would otherwise operate as the exercise of a power of appointment, annuls such operation as far as the interest of the child is concerned.</p> <p>2. Where a parent, who has a power of appointment, makes a will in which he exercises the power, and a child is thereafter born to him, the courts must look to the instrument, creating the power of appointment, in order to ascertain the interest of such child.</p> <p>3. Where a father gives a power of appointment by will to his son, and directs that if the son dies intestate, the fund from which he derives income shall go to the latter’s children, and the son makes a will exercising the power of appointment, and thereafter a son is born to him who is his only child, such child upon his father’s death takes the entire fund under his grandfather’s will. Huddy’s Est., 236 Pa. 276, distinguished.</p> <p>4. The Act of June 4, 1879, P. L. 88, which creates a presumption of intention to exercise a power of testamentary appointment, does not change the statutory doctrine of implied revocation, arising from an after-born and unprovided-for child.</p>