Appeal, No. 218, Jan. T., 1954, from decree of Orphans' Court of Union County, Jan. T., 1924, No. 17, in Estate of George Barron Miller, deceased. Decree affirmed.
Robert T. McCracken, with him Samuel S. Logan, Jr., John F. Headly and Montgomery, McCracken, Walker & Rhoads, for appellant.
Charles Wolfe Kalp and W. Roger Fetter, with them Romain C. Hassrick, and James F. McClure, for appellees.
Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE CHIDSEY
George Barron Miller, a resident of Union County, died on September 1, 1922, testate, survived by his wife, Jennie B. Miller, and a son, Henry B. Miller. Another son, George F. Miller, predeceased the decedent, having died February 9, 1920, leaving to survive him his widow, Genevieve S. Miller, and no issue. Jennie B. Miller, the wife of the testator, died November 12, 1952. Genevieve S. Miller, following the death of her husband, George F. Miller, remarried on August 16, 1930 and now survives as does testator's son, Henry B. Miller.
By his last will and testament and codicils thereto, duly probated before the Register of Wills of Union County, George Barron Miller bequeathed and devised his residuary estate to his widow, Jennie B. Miller, for life, and following her death to his son, Henry B. Miller, absolutely, "... all except the sum of twenty thousand dollars bequeathed in trust in the following:
Item: After the death of my wife, I give, devise and bequeath to the Lewisburgh Trust & Safe Deposit Company of Lewisburgh, Penna., in trust the sum of twenty thousand dollars, to be safely invested, and the interest thereof to be paid to Genevieve S. Miller, widow of my deceased son, George B. (sic) Miller, so long as she lives and remains his widow, and when she remarries or dies I direct that the said Lewisburgh Trust & Safe Deposit Company pay the said sum of twenty thousand dollars to the United Evangelical Home, a corporation, in Kelly Township, Union County, Pennsylvania, or to The First Baptist Church of Lewisburgh, Pennsylvania, for the purposes and upon the conditions set forth in items seven and eight of the last will and testament of my deceased son, George, F. Miller, dated December 30th, 1919, and duly probated and of record in the Register's Office of Union County, Pennsylvania, at Lewisburgh, in said County.".
Items Seven and Eight of the will of George F. Miller provide as follows: "SEVENTH: - In case there are no children living at the decease of my wife, and in the event that they have no families living, I direct that the said LEWISBURG TRUST & SAFE DEPOSIT COMPANY pay to my only brother, HENRY BARRON MILLER, upon his sole and separate receipt, the interest, income and revenue from all my said estate, during his natural life; and upon the decease of my said brother, HENRY BARRON MILLER, I will, bequeath and devise the whole of said estate to the UNITED EVANGELICAL HOME, situated along Buffalo Creek, in KELLY TOWNSHIP, County of UNION, Commonwealth of PENNSYLVANIA, PROVIDING THE SAID EVANGELLICAN HOME WILL ELECT TO COMPLY WITH THE FOLLOWING DIRECTIONS, CONDITIONS AND REQUESTS UNDER WHICH SAID ESTATE IS WILLED, DEVISED, BEQUEATHED AND GIVEN: - (1) I
direct that a suitable and lasting memorial be erected that can be utilized and that will afford the proper facilities for the education and care of orphan children, and that such memorial be called and dedicated the 'MILLER MEMORIAL'. (2) It is my will that said estate is willed, bequeathed and given only under the condition that the said EVANGELICAL HOME does not, at any future time, limit their Orphanage to their own denomination, but that they will accept orphans of other denominations, without discriminating whatsoever so long as they are protestant. (3) I direct that the Board of Trustees of said EVANGELICAL HOME shall have exclusive management of all money derived from said estate, and that they choose to erect a memorial that will be suitable to the needs of the Orphanage, and one that will render valuable service. EIGHTH: - In case the said EVANGELICAL HOME does not elect to comply with the conditions as set forth in this my last Will, in Item ...