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BERGLAND ESTATE (11/18/52)

November 18, 1952

BERGLAND ESTATE


Appeal, No. 165, March T., 1952, from decree of Orphans' Court of Allegheny County, 1950, No. 3736, in Estate of Carl Gustaf Bergland, or Carl G. Berglund, or Carl Berglund, deceased. Decree affirmed.

COUNSEL

Louis Varia, for appellant.

Kenneth P. Christman, for appellee.

Before Stern, Stearne, Jones, Bell and Musmanno, JJ.

Author: Bell

[ 372 Pa. Page 2]

OPINION BY MR. JUSTICE BELL

The question involved is a very narrow one: Was the testamentary trust dry or active?

Testator died on August 22, 1950, a resident of Allegheny County. In his will he first directed the payment of his debts and funeral expenses and then in the second paragraph directed his executor to cause his body to be cremated and the ashes from such cremation sent to his sister, Anna Gronberg, of Hamngatan No. 2 Karlstad, Sweden, for such burial as she may deem fit. He next directed the payment of all taxes; bequeathed to his executor the proceeds of his insurance policies; directed his executor to convert into cash all his securities; and then provided as follows:

"Seventh. All the rest residue and remainder of my estate I give bequeath and devise to the First National Bank of New Kensignton, Pa. a corporation, in trust nevertheless, for the following uses and purposes:

(a) to distribute the entire amount so received by the aforesaid to my sister Anna Gronenberg [sic], of Hamnagatan No. 2 Karlstad, Sweden and the said trustee shall make payment after having proved to its own satisfaction*fn* that my sister so named is the person to which I refer;

(b) I further direct that my trustee herein named shall make such transmittal of any and all funds as directed in the preceding paragraph by any accepted means that it deems fit;

[ 372 Pa. Page 3]

(c) That the aforesaid trustee is hereby authorized to deduct from such funds as may come into its possession such sums of moneys as may be needed to satisfy any and all costs and expenses ...


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