Legal Opinion

Lewis Estate

Supreme Court of Pennsylvania

Decided April 18, 1944No. Appeals, 163, 164, 165, 166 and 170PublishedCited by 11 opinions

1Opinion of the Court

Opinion by

Mr. Justice Allen M. Stearne,

These five appeals involve the construction of a will. There are two questions raised. One is whether the entire trust is void because it violates the rule against perpetuities. The other is whether an excessive exercise of a special power of appointment invalidates the entire appointment or only the invalid portions.

Before analyzing the will and the factual situation, we must keep in mind the legal principle of the rule against perpetuities, its purpose and application. This is the measuring rod by which the validity of the trust is to be tested. This…

2Cases cited14 opinions

  1. George Johnston's EstateSupreme Court of Pennsylvania · 1898
  2. Feeney's EstateSupreme Court of Pennsylvania · 1928
  3. Estate of LawrencePennsylvania Orphans' Court, Philadelphia County · 1890
  4. Lilley's EstateSupreme Court of Pennsylvania · 1922
  5. Warren's EstateSupreme Court of Pennsylvania · 1935

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Mather EstateSupreme Court of Pennsylvania · 1963
  2. Commissioner of Internal Revenue v. Cardeza's EstateCourt of Appeals for the Third Circuit · 1949
  3. Windolph TrustSupreme Court of Pennsylvania · 1953
  4. Central Delaware County Authority v. Greyhound Corp.Supreme Court of Pennsylvania · 1989
  5. SE Pa. Trans. Auth. v. Phila. Trans. Co.Supreme Court of Pennsylvania · 1967

6 more not listed; retrieve them via the Exa API.

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