Appeal of Hacker
Supreme Court of Pennsylvania
from THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 318 January Term 1888, Sup* Ct.; court below, No. 524 October Term 1877, O. C. Oil December 31,1887, the account ol Edward Wain, trustee under the will of Jacob S. Wain, deceased, was filed.
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from THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 318 January Term 1888, Sup* Ct.; court below, No. 524 October Term 1877, O. C. Oil December 31,1887, the account ol Edward Wain, trustee under the will of Jacob S. Wain, deceased, was filed. By the will of Jacob S. Wain, his estate was vested in trustees for the use of his wife for life, and at her death, the estate was to'be divided among the children, except S. Morris Wain, living at their mother’s death, and the children of any deceased child per stirpes; the trustees were directed “then to convey by absolute deed or other…
1Opinion of the Court
*202Opinion,
Mr. Justice Clark :
The only question to be decided in this case is, whether or not Ellen Wain properly exercised the power of appointment given her in the last will and testament of her father, Jacob S. Wain, deceased. The testator, Jacob S. Wain, devised and bequeathed all his property, real, personal, and mixed, to certain persons named in his will upon certain trusts, viz.: to pay the net income thereof to his wife, Sarah M. Wain, during the term'of her life; at her death to apportion the trust estate into as many shares as he had children, and to convey to his sons, Henry and…
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