Appeals, Nos. 103 and 104, March T., 1952, from order of Orphans' Court of Allegheny County, 1938, No. 2632, in Estate of George W. Pusey, deceased. Order affirmed.
Thomas P. Mulvaney, with him C. M. Murphy, for appellants.
Robert Gill Walker and S. M. Kier, with them Wm. F. Knoell, Shoemaker & Knoell, John C. Bane, Jr., Reed, Smith, Shaw & McClay, James H. Beal, Jr., and Walter T. McGough, for appellees.
Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.
OPINION BY MR. JUSTICE CHIDSEY
This is an appeal from an order of the Orphans' Court of Allegheny County dismissing appellants' exceptions to the second and partial account of the Allegheny Trust Company, trustee of a trust established by the will of George W. Pusey.
The decedent died August 31, 1933. His last will and testament provided: "Fourth: I give, devise and bequeath unto my executors and trustees hereinafter named, the sum of One Million Dollars ($1,000,000), in trust, for the following uses and purposes, to wit: To invest the same in such securities as they may see fit and to change such securities from time to time at their discretion, and to make new investments, and if they so desire, I also hereby authorize them to take and retain as investments for said fund, such of the securities now owned by me, or such portions of the same, at their appraised values, as they may see fit. And I hereby direct the same executors and trustees to pay the income accruing on the said securities in which the said sum of One Million Dollars ($1,000,000) shall be invested, quarterly, as follows: (a) To my cousins, Elizabeth C. Labely, Mary B. Lavely and Susan A. Lavely, I give and bequeath the sum of One Thousand ($1000) Dollars annually, payable quarterly, for and
during the term of their respective natural lives and the life of the survivor. (b) To William Sepp, my chauffeur, if still in my employ at the time of my death, I give and bequeath the sum of Three Thousand ($3000) Dollars annually, payable quarterly, for and during the term of his natural life. (c) To my said housekeeper, Miss Katharine G. McIntyre, I give and bequeath the sum of Ten Thousand ($10,000) Dollars annually, payable quarterly, for and during the term of her natural life, and upon her death I direct that there shall be paid out of the same trust fund of One Million ($1,000,000) Dollars, (1) the sum of Fifty Thousand [50,000) Dollars to the Young Women's Christian Association of Pittsburgh, to provide an Endowment Fund for the Laughlin House Branch now located at No. 1006 North Lincoln Avenue, in said City of Pittsburgh, or to be added to the Endowment Fund of the said Laughlin House Branch, if one already exists; and (2) to the Allegheny Branch Of The Young Men's Christian Association of Pittsburgh, the sum of Fifty Thousand ($50,000) Dollars, to provide an Endowment Fund for said Allegheny Branch, or to be added to the Endowment Fund of said Allegheny Branch, if one already exists. (d) To Alma Heazelton, widow of my cousin, Rev. J. D. W. Heazelton, of Freedom, Pennsylvania, and St. Cloud, Florida, I give and bequeath the sum of One Thousand ($1000) Dollars annually, payable quarterly, for and during the term of her natural life, and upon her death I direct that there shall be paid out of the said trust fund of One Million ($1,000,000) Dollars, the sum of Forty Thousand ($40,000) Dollars to the Annuity Fund Of The Pittsburgh Annual Conference Of The Methodist Episcopal Church, the income of which is to be applied to the support of disabled and retired ministers of said Conference, according to the plan of said Annuity Fund. (e) The
said trustees shall pay to the Calvary Methodist Episcopal Church located at the southeast corner of Allegheny and Beech Avenues, in the said City of Pittsburgh, the sum of Twenty Thousand ($20,000) Dollars annually, payable quarterly, Five Thousand ($5,000) Dollars of which shall be paid by the said church to its Minister, or so much more than Five Thousand ($5,000) Dollars as would procure a Minister of ability who would attract people to the church and help increase the membership; the balance of the said sum of Twenty Thousand ($20,000) Dollars, after the salary of the Minister has been provided for, shall be used by the church for current church expenses, exclusive of the Minister's salary. In the event of the said Calvary Methodist Episcopal Church being closed and permanently abandoned as a house of worship, or should it be sold, then on the happening of either of said events before the death of any of the before-mentioned legatees, the payment of the said sum of Twenty Thousand ($20,000) Dollars, shall cease and determine, and the sum of One Hundred Thirty Thousand ($130,000) Dollars shall be paid out of the said trust fund of One Million ($1,000,000) Dollars to the Church Union Of The Methodist Episcopal Church Of Pittsburgh, Pennsylvania. If, at the time of the death of the last survivor of the said personal legatees, and after the payment of the sums provided for to the residuary legatees in said trust fund, there should be remaining in the said fund any balance, then and in that event I direct that the said balance be paid to the said Church Union Of The Methodist Episcopal Church Of Pittsburgh, Pennsylvania." (Emphasis supplied)
The income from such trust since 1946 has been insufficient to meet the payments directed to be made therefrom, the deficiency amounting to $26,616.95. ...