Provident Trust Co. of Phila. v. Scott

Opinion by

Mr. Justice Maxey,

This was a case stated in ejectment, the outcome of which depends on whether the testatrix, Hannah Lewis Scott (hereafter referred to as Miss Scott), who died on January 26, 1936, exercised by her will a general testamentary power of appointment granted her by her mother’s will. The question is whether the power, though not specifically referred to in Miss Scott’s will, was nevertheless exercised by her general residuary devise, under Section 11 of the Wills Act of June 7, 1917, P. L. 403 (20 PS sec. 223), no contrary intent appearing. The court below held that it…