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O'BRIEN ESTATE. (03/14/55)

March 14, 1955

O'BRIEN ESTATE.


Appeal, No. 58, Jan. T., 1955, from decree of Orphans' Court of Susquehanna County, April T., 1954, No. 52, in Estate of Catherine A. O'Brien. Decree affirmed.

COUNSEL

J. Melvin Kelly, with him Kelly & Kelly, for appellant.

Henry W. Maxmin, with him Joseph L. Carrigg, Elmer F. Sipe, and Jacoby & Maxmin, for appellee.

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

Author: Bell

[ 381 Pa. Page 323]

OPINION BY MR. JUSTICE BELL

Catherine A. O'Brien left a will, in which, after giving some pecuniary legacies and some discretionary gifts, she gave her residuary estate in trust as follows: "I authorize and empower my said Trustee to use and expend, solely as my said Trustee may deem necessary and advisable, such profits and income and any part or all of the corpus of the estate entrusted to him, for the support and maintenance*fn* of my brothers, James E. Lonergan, Philip E. Lonergan and John R. Lonergan.

"My Trustee shall be the sole judge of the amounts of such income and profits, if any, and of what part

[ 381 Pa. Page 324]

    of such corpus, if any, which shall be so expended respectively for the support of my said brothers.

"My Trustee may require that all other income or property or both, other than the trust thereby created, of any of my said brothers shall be used and expended, in its entirety, for the support and maintenance of such brother, before he, my said Trustee, shall be called on to expend any part of the income and profits or any part of the corpus of the trust estate, hereby created for such support and maintenance. My Trustee shall not be required to expend any fixed amount of such income and profits or of the corpus of the trust estate for the support of any one or more of my brothers, but on the contrary he shall have full and complete power and authority to expend any part of or all of such income and profits and any part of or all of the corpus of such trust estate for the support and maintenance of any one or more of my said brothers as my Trustee may deem necessary and advisable.

...

"I further authorize and empower my said Trustee to transfer absolutely to any one or more of my said brothers, at any time, any part or all of the corpus of ...


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