Appeal of Beck

Supreme Court of Pennsylvania

Appeal of Beck

9 A. 942, 116 Pa. 547, 1887 Pa. LEXIS 422

CourtSupreme Court of Pennsylvania

DecidedApril 4, 1887

DocketNo. 314

StatusPublished

Cited by24 cases

This text of 9 A. 942 (Appeal of Beck) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appeal of Beck, 9 A. 942, 116 Pa. 547, 1887 Pa. LEXIS 422 (Pa. 1887).

Pincite

Opinion

Per Curiam:

We think the clause of the will in question makes a valid disposition of “the rest, residue and remainder” of the estate of the testator. It gives to the executor “full and unlimited power and authority to appropriate or dispose ” of it “ to such objects, persons or institutions as in his discretion shall be best and proper,” as testator has “ full confidence in his judgment, ability and integrity.” Thus it is shown that the executor has unlimited power to “appropriate ” it according to his discretion. As, then, his authority is not restricted to a power of disposal, but at his option he may appropriate the same or the proceeds arising from a sale thereof to such persons as he thinks proper, ■the learned judge arrived at a correct conclusion.

Decree affirmed, and appeal dismissed at the costs of the appellant.

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Per Curiam:

We think the clause of the will in question makes a valid disposition of “the rest, residue and remainder” of the estate of the testator. It gives to the executor “full and unlimited power and authority to appropriate or dispose ” of it “ to such objects, persons or institutions as in his discretion shall be best and proper,” as testator has “ full confidence in his judgment, ability and integrity.” Thus it is shown that the executor has unlimited power to “appropriate ” it according to his discretion. As, then, his authority is not restricted to a power of disposal, but at his option he may appropriate the same or the proceeds arising from a sale thereof to such persons as he thinks proper, ■the learned judge arrived at a correct conclusion.

Decree affirmed, and appeal dismissed at the costs of the appellant.

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Bluebook (online)

9 A. 942, 116 Pa. 547, 1887 Pa. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-beck-pa-1887.

Opinion

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