Appeal No. 194, Jan T., 1955, from decree of Orphans' Court of Lebanon County, June T., 1923, No. 31, in re Estate of Joseph A. Sowers, Dec'd. Decree reversed.
James R. Koller, with him Siegrist, Koller & Siegrist, for appellant.
Philip S. Davis, with him Gideon R. Light and Rickel, Davis & Katz, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Sowers died testate on April 28, 1923 leaving a wife, Minnie E. Sowers who died on November 30, 1924 without re-marrying, and three children, John E. Sowers, Marmaduke Sowers and Catherine E. Sowers, as well as an adopted daughter, Josephine R. Sowers who was the daughter of testator's daughter, Rebecca, who predeceased testator. Neither Rebecca nor her son, John A. Gernert, Jr., who is claiming under a class gift in the eighth paragraph of Sowers' will, were named in or specifically bequeathed anything by testator's will. Josephine R. Sowers died on January 24, 1952, without issue. For undisclosed reasons, the executor filed his first account on September 18, 1952.
Testator in the fifth paragraph of his will left his residuary estate "in trust nevertheless, for the uses, persons and purposes ...
"... to pay said net income to the following persons and in the following proportions, viz.:
"In trust to pay over one-third of said net income, in semi-annual payments, unto my beloved wife, Minne E., during her natural life or so long as she remains my widow; in trust to pay over the remaining two-thirds part of said net income,*fn* in semi-annual payments, unto my children, John E. .sowers, Marmaduke Sowers, Catherine E. Sowers and my adopted daughter Josephine R. Sowers, in equal shares, share and share alike, during their life time.
"In trust, in case of the re-marriage of my said wife, to pay over her said one-third part of such net income unto my children, John E. Sowers, Marmaduke Sowers,
Catherine E. Sowers and my adopted daughter, Josephine R. Sowers, in equal shares, share and share ...