Appeal of Beck
Appeal of Beck
Opinion of the Court
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.