Wilkinson v. Buist

Citations

• 124 Pa. 253
• 23 W.N.C. 311
• 16 A. 856
• 1889 Pa. LEXIS 1029

Syllabus

<p>1. Whei'e a power of sale is given to executors but the time for its exercise is not limited by any of the words used in its creation, the limitation to which it is really subject may nevertheless become a mere question of intention to bo ascertained from the manifest general scheme and purpose of the will.</p> <p>2. In this case, while the power of sale to the executors, taken alone, was exercisable at any time after the testator’s decease, yet other provisions of the will were construed to show that the exercise of the power was in fact limited to the lifetime of che testator’s widow, and its exercise thereafter by the executors created a defectivo iitle.</p>