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JULL ESTATE (05/26/52)

May 26, 1952

JULL ESTATE


Appeals, Nos. 86 to 99, inclusive and No. 102, March T., 1952, from judgment of Orphans' Court of Allegheny County, 1948, No. 3120, in Estate of Charles H. Jull, deceased. Judgment affirmed.

COUNSEL

W. S. Moorhead, Jr. with him Davis C. Burroughs, Jr., Moorhead & Knox, William B. Washabaugh, Jr., Rollin A. Fancher, Henry A. Bergstrom, and Weller, Wicks and Wallace, for appellants.

Robert L. Kirkpatrick, with him William W. Booth, Carl E. Glock, Jr., Reed, Smith, Shaw & McClay, and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

Author: Bell

[ 370 Pa. Page 436]

OPINION BY MR. JUSTICE BELL

This is an appeal from a decree of the Orphans' Court of Allegheny County which awarded the principal of a life insurance trust to (the executor of) the widow of Charles H. Jull. The 13 appellants are his cousins and next of kin.

On January 8, 1931, Charles H. Jull created an inter vivos insurance trust, the material provisions of which are as follows: "(3) At the death of the survivor of [the life tenants] the said GRACE H. JULL [his wife] and the said SAMUEL W. JULL, [his brother] the Trust shall terminate and the principal shall be transferred, set over and conveyed to such persons or institutions as the Donor may by his last will and testament designate and appoint; in default of such designation and appointment, the principal shall be distributed to the next of kin of the Donor then living in accordance with the intestate laws of the Commonwealth of Pennsylvania."

Jull died on December 10, 1031. He left a holographic will dated July 1, 1931, and attested by only one witness. In the fourth paragraph of his will he provided: "My life insurance having been set up as a Trust fund. The income on same to be paid to my Wife Grace H. Jull during [sic] her life and thereafter to my brother Samuel W. Jull during [sic] his life I hereby direct that said principal amount of the proceeds of said life insurance shall be paid to such charitable organizations after the termination of such Trust. and I request that as soon as possible after my death my Wife and brother will in conjunction with the Fidelity Trust have incorporated in said Trust indenture such disposition of such Trust fund as they shall desire or designate shall take place after the death of my Wife and brother, who are to receive the income as directed in the Trust agreement made with Fidelity Trust Company".

[ 370 Pa. Page 437]

Both appellants and appellee assumed that this constituted an appointment to such charities as he, through his widow, his brother and the Fidelity Trust Company, designated; and we shall accordingly so treat it.

In the next paragraph of his will, viz., the residuary clause, testator provided: "All the rest and remainder of my estate real and personal I hereby give, devise and bequeath to my Wife Grace H. Jull to have and to hold to her, her heirs and assigns absolutely."

Section 6 of the Wills Act of June 7, 1917,*fn* which was in effect at the time of the decedent's death, provides: "No estate, real or personal, shall be bequeathed or devised to any body politic, or to any person in trust for religious or charitable uses, except the same be done by will attested by two credible, and, at the time, disinterested witnesses, at least thirty days before the decease of the testator; and all dispositions of property ...


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