In re Estate of Hanson

1. The bequest in the sixth clause of the will of Josephine Hanson, deceased, is a bequest to William G. Mugan. It reads as follows:

Authority to dispose of property at discretion, there being no bequest over, is taken as evidence of the extent of the interest intended to be given; and it is construed to be an absolute interest, and not a mere power to sell : Kendell v. Kendell, 36 N. J. Eq. 91.

Where absolute discretion is left with the residuary legatee, it is equivalent to a personal legacy.

“In general, a testator may leave his property to whomsoever he pleases, but he may give to any person a power of disposal over all or any part of his property. In the latter case, the donee of the power may exercise it in his own favor, and the gift is almost equivalent to an absolute gift to the donee”: Tyssen on Charitable Bequests, 181.

*268 A specific charitable gift followed by a gift of residue of personalty, and the proceeds of realty to executors, “to be disposed of to such person and persons and in such manner and form and in such sum and sums of money as they in their discretion shall think proper and expedient,” held a general power of appointment, exercisable by the…