Lloyd v. Fretz
Supreme Court of Pennsylvania
Lloyd v. Fretz, 235 Pa. 538 (Pa. 1912)
84 A. 450; 1912 Pa. LEXIS 583
Brown, Fell, Moschzisker, Potter, Stewart
Lloyd v. Fretz
Opinion of the Court
To what is said in the opinion of the learned president Judge of the Common Pleas, on which we affirm the judgment, it may be added that under the Act of June 4, 1879, P. L. 88, a power of appointment may be validly exercised without a recital thereof or direct reference thereto: Dillon v. Faloon, 158 Pa. 468.
The judgment is affirmed.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Will — Power of appointment — Recital of Power — Act of June k, 1879, P. L. 88. 1. Where a testatrix gives to her husband all her property for life and directs that after his ' death one-fourth of her estate should be divided between a son and an adopted son in such shares as her husband should see fit, and the husband without reciting the power gives one-fourth of all real estate to the son and five dollars to the adopted son “as his full share,” the husband validly exercises the power given him by his wife’s will. 2. Under the Act of June 4, 1879, P. L. 88, a power of appointment may be validly exercised without a recital thereof or direct reference thereto.