Appeal of Beck

Supreme Court of Pennsylvania
Appeal of Beck, 116 Pa. 547 (Pa. 1887)
9 A. 942; 1887 Pa. LEXIS 422
Clark, Gordon, Green, Mercur, Paxson, Sterrett, Trunkey

Appeal of Beck

Opinion of the Court

Per 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 appropriate the same or the proceeds arising from a sale thereof to such persons as he thinks proper, ■the learned judge arrived at a correct conclusion.

Decree affirmed, and appeal dismissed at the costs of the appellant.

Reference

Full Case Name
APPEAL OF GOTTLEIB BECK
Cited By
24 cases
Status
Published
Syllabus
1. Tlie will of a testator gave to the executor “full and unlimited power and authority to appropriate or dispose ” of the residue “ to such objects, persons or institutions as in his discretion shall be best and proper,” as testator had “full confidence in his judgment, ability and integrity”: Held, that no trust was created with regard to the residue, and there was a valid disposition to such objects, persons or institutions as the executor might select. 2. An appropriation by the executor to himself, “ subject to such further uses as he might thereafter by his last will and testament appoint,” was a valid execution of the power.