Appeals, Nos. 74 to 81, incl., Jan. T., 1953, from decree of Orphans' Court of Berks County, dated June 28, 1952, File No. 8718, in Estate of Albert J. Brumbach, deceased. Decree affirmed.
Charles H. Weidner, with him John H. Bertolet and Stevens & Lee, for appellants.
James W. Bertolet, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Did Frank E. Brumbach take a vested estate or was it contingent upon his surviving the life tenants?
Albert J. Brumbach died in 1923, leaving three sons, two daughters and three children of a deceased daughter. In the Seventh Item of his will the testator divided his residuary estate into six equal shares and provided, inter alia, as follows:
"(e) Out of one share I give and bequeath to my daughter Emma Ammon, the sum of Five Thousand Dollars ($5,000.00) absolutely. The remainder of such share... I give, devise and bequeath to such Trust Company in the City of Reading as may be selected by my said daughter Emma as trustee, to hold the same in trust for my said daughter Emma and invest the same in good securities and to pay the income therefrom to my said daughter Emma for and during the term of her natural life, and after her decease to pay the income from Forty Thousand Dollars ($40,000.00) thereof to my said daughter's husband Custer Ammon in case he survives her for and during the term of his natural life, and to pay the balance of said trust estate immediately upon the death of my said daughter Emma and the said Forty Thousand Dollars ($40,000.00)
upon the death of my said daughter's husband, he surviving her, to my remaining children and the family of my deceased daughter Ida E., as follows: one-fifth thereof to my son Solomon A., one-fifth thereof to my son William D., one-fifth thereof to my son Albert D., the issue of any such son who may be deceased to take the same share their parents would have taken if living, one-fifth thereof to my daughter Katie G. Ermentrout, and one-fifth thereof in three equal shares to my granddaughters Edna Snyder Hiller and Sarah Snyder Reber and to Grace B. Snyder the widow of my grandson Percy B. Snyder and her children by the said Percy B. Snyder; such shares so going to my daughter Katie G. and to the said Edna Snyder Hiller, Sarah Snyder Reber and Grace B. Snyder to be added to and form a part of the trust estates herein created for them and to be subject to all the trusts therein set forth."
Emma Ammon died September 29, 1951; she was survived (1) by a daughter and grandson of Solomon; (2) by three children of William; and (3) by the three named granddaughters who were children of Ida. The issue of William and Solomon, and the trustees for the three named granddaughters of Ida are the eight appellants in this case. Katie G. Ermentrout died November 6, 1928, without issue.
Testator's son, Albert D. Brumbach, died May 1, 1933, survived by a son, Frank, and a widow, Carrie E. Brumbach, to whom he gave his estate in equal shares. Frank died December 15, 1934, intestate, unmarried, without issue, survived by his mother, who was Albert D.'s wife. Frank's mother died July 19, 1938, intestate; Letters of Administration on her estate were granted to Stuart E. Brumbach, the exceptant, ...