A testatrix having personal property of her own, and a power, under her father’s will, to appoint a fund, by deed or will, amongst her brothers and sisters, after directing her debts and funeral and testamentary expenses to be paid out of her personal estate, and giving pecuniary legacies to persons not objects of the power, and a portion of the fund over which she had the power, to persons who were objects of it, bequeathed the residue of her personal estate, after payment of her debts, funeral and testamentary expenses, and the before-mentioned legacies, to two persons who also were objects of the power.
Held, that the residuary clause was a valid appointment of the remainder of the fund over which she had the power.
[1846] EngR 851, (1846) 15 Sim 321, (1846) 60 ER 642
Commonlii
England and Wales
Wills and Probate
Updated: 17 November 2021; Ref: scu.302746
