Appeal, No. 22, Jan. T., 1956, from decree of Orphans' Court of Montgomery County, No. 48,110, dated March 31, 1955, in re Estate of Roland L. Taylor, Dec'd. Decree affirmed.
Roland Fleer, with him Jules Pearlstine, S. H. Goodman, Adams Dodson, Wisler, Pearlstine, Talone & Gerber, and Dodson & Butterfield, for appellant.
William H. Lathrop and Louis M. Childs, II, with them Edward Foulke, High, Swartz, Childs & Roberts and Montgomery, McCracken, Walker & Rhoads, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno And Arnold, JJ.
OPINION BY MR. JUSTICE ALLEN M. STEARNE:
The question raised by the appeal is whether or not, in the construction of a will, the interest of a minor great-grandson is vested subject to be divested in the event of his death prior to twenty-one years from the date of the death of his grandmother who predeceased him. A secondary question is also presented: do the trustees or the great-grandchild's guardian have the duty to apply the minor's income for his maintenance, education and support during minority? The learned court below ruled that the interest of the minor was vested subject to be divested. It was held that it was the duty of the testamentary trustees, and not that of the guardian, to apply the income during the minority.
Roland L. Taylor, the testator, died June 23, 1943. His will is dated February 10, 1936.The trustees filed their account of the residuary trust estate. At the audit of the account the questions of testamentary construction
have been raised. It is apparent that the will was skilfully and professionally drawn. The testamentary scheme is plain. The residue of the estate was placed in trust, with named trustees, to pay the income to testator's wife, Anita M. S. Taylor, for life, and upon her decease, to his two daughters, Marjory T. Hardwick and Elisabeth T. Ely, for life, in equal shares.
Testator's wife predeceased him on February 21, 1938, whereupon his daughters, Marjory and Elisabeth, became the life beneficiaries of the income. Elisabeth still survives and has received and still enjoys her share of income.
Marjory T. Hardwick, the other income life beneficiary, died March 26, 1954. She left surviving two sons, Taylor and Charles, who were living at the death of Testator and who are of age. Marjory also left surviving@ a grandson (testator's great-grandson), Francis Gordon Lawson, a minor, who was the son of Marjory's daughter, Anita Taylor Lawson, who had predeceased Marjory, her mother, on January 15, 1953. The greatgrandson, Francis, was born after the death of testator.
The testamentary provisions respecting disposition after Marjory's death of the share on which she had received the income are as follows: "Upon the death of my daughter, Marjory T. Hardwick, my Trustee shall continue to hold the principal of the trust estate and shall collect the income therefrom and pay the share thereof to which my said daughter was entitled in her lifetime, less proper charges, to and among her children, and the issue of deceased children, share and share alike; the issue to take the share their parent would have been entitled to if living. As each child of my said daughter, Marjory T. Hardwick, who is living at the date ...