Appeal of Beck
Supreme Court of Pennsylvania
No. 314 January Term 1885, Sup. Ct.; court below, No. 440 October Term 1878. Louis D. Beck died in Philadelphia on July 24, 1878, a widower and without issue, leaving a number of nephews and nieces.
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No. 314 January Term 1885, Sup. Ct.; court below, No. 440 October Term 1878. Louis D. Beck died in Philadelphia on July 24, 1878, a widower and without issue, leaving a number of nephews and nieces. By his will duly admitted to probate and letters testamentary issued thereon, after giving certain legacies including a bequest to John George Ulmer, “and this not to be construed as being for executor’s commissions,” he provided as follows: After the payment of all the foregoing legacies or bequests, and other expenses of carrying out the provisions of this, my will, and settling my estate,…
1Per 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…
2Cited by24 opinions
- Wilbur's EstateSupreme Court of Pennsylvania · 1938
- Thompson WillSupreme Court of Pennsylvania · 1965
- In Re Lidston's EstateWashington Supreme Court · 1949
- Watts's EstateSupreme Court of Pennsylvania · 1902
- Gilman v. GilmanSupreme Court of Connecticut · 1923
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