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DREISBACH ESTATE. (03/13/56)

March 13, 1956

DREISBACH ESTATE.


Appeal, No. 61, Jan. T., 1956, from final decree of Orphans' Court of Lehigh County, File No. 42848, in re Estate of George Dreisbach, Dec'd. Decree affirmed.

COUNSEL

Isadore Rapoport, with him Leonard Rapoport and Groman & Rapoport, for appellants.

Calvin J. Friedberg, with him Robert G. Kleckner, James D. Williamson and Hicks, Williamson, Friedberg & Jones, for appellee.

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

[ 384 Pa. Page 536]

OPINION PER CURIAM

The decree is affirmed on the following excerpts from the adjudication and opinion of President Judge GEARHART:

"George Dreisbach, a widower, died testate October 20, 1952. His will, dated December 18, 1950, was duly probated. The executors and trustees, Harry F. Lester and The Allentown National Bank of Allentown, Pennsylvania (now 'The First National Bank of Allentown' under a bank merger), have filed their second and final account. ...

"The testator devised his residuary estate to his trustees, in trust, 'however, to invest and reinvest the same and to pay the net income therefrom in semi-annual installments unto the Evergreen Cemetery Association, East Mauch Chunk, Pennsylvania. This Cemetery Association is directed and instructed to distribute

[ 384 Pa. Page 537]

    this semi-annual income among the three funds I have already established with this Cemetery Association, to-wit: The Dreisbach Maintenance Fund, the Dreisbach Flower Fund and The Dreisbach Monument Fund. The income thus received is to be used only on the plot deeded to George Dreisbach. ...' ...

"Objections have been filed by E. Claire Valentine to the proposed Schedule of Distribution, wherein the Accountants propose to distribute to Harry F. Lester and The Allentown National Bank, trustees, for the perpetual care and maintenance of the family cemetery plot of the decedent the balance of principal in the amount of $163,765.64, and the balance of income of $5,311.02, or a total of $169,076.66; the income of the fund to be used for the perpetual care and the maintenance of the family burial plot of the decedent.

"The substance of the objections of E. Claire Valentine is that she objects to the distribution of any funds to the trustees in excess of what the Court finds to be reasonable for the purpose of carrying out the testator's intention with respect to the family plot in the Evergreen Cemetery, Jim Thorpe, Pennsylvania, formerly Mauch Chunk, Pennsylvania. She claims that such excess should be distributed to her as the only heir and next of kin of the testator. ...

"A trust for the perpetual care and maintenance of a family plot and for the placing of flowers thereon, has been recognized as a valid trust and not void against perpetuities. This early recognition was made by the Act of 1891, P.L. 119, 9 P.S. 4, now superseded by the Estates Act of 1947, P.L. 100, Sec. 4, 20 P.S. 301.4. The Act of 1891 provided: 'No disposition of property hereafter made for the maintenance or care of any cemetery, churchyard or other place for ...


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