Pippin v. Barker

Decision here turns on whether the discretionary power of sale vested in D. Sams expired at his death, or survived and was transmitted to his executors. If the power expired, plaintiff’s title is good and she prevails; if the power survives, her title is thereby encumbered and she may not prevail. The court below ruled with the plaintiff,- — that the power expired, — and we approve.

The controlling principle is stated in 41 Am. Jur., Powers, Sec. 31, p. 826: “It may be said to be the general rule that where a power is coupled with a personal confidence or discretion the donee cannot delegate…