Appeals, Nos. 57 to 64 inclusive, March T., 1956, from decree of Orphans' Court of Allegheny County, 1951, No. 3236, in re Estate of Edward C. Bald, Jr., dec'd. Decree affirmed.
Alexander Black and John G. Buchanan, with them Robert E. Mertz, Frank W. Ittel, Smith, Buchanan, Ingersoll, Rodewald & Eckert, and Reed, Smith, Shaw & McClay, for appellants.
James M. Houston, with him Adie Allen Stevens, II, and Rose, Rose & Houston; also Stephen C. Thayer and Baker, Hostetler & Patterson, of the Cleveland Bar, and Raymond V. Haun and Macfarlane, Schaefer & Haun, of the Los Angeles Bar, for appellees.
J. T. Conner, for appellee.
Before Stern, C.j., Jones, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
We adopt the following excerpts from the very able opinion of the Auditing Judge, President Judge BOYLE:
"The question presented in the audit of the two accounts now before the Court is whether the will of the testator bequeathed to the residuary remaindermen an interest which vested at the death of the testator or an interest contingent upon their surviving the testator's aunt, Kate Bald, the life tenant of the residuary estate. ...
"The testator died on June 23, 1951, aged 38 years. In his will he first bequeathed a number of legacies to named persons and then disposed of his residuary estate, including property over which he had a power of appointment, in the following language:
'FIVE: All the rest, residue and remainder of my property, real and personal, and wherever situate, including any property over which I may at the time of my death have power of appointment, and any property
held in trust at my death in which I have a vested interest,
'A. In the event that my aunt Kate Bald survives me, I give, devise and bequeath to Fidelity Trust Company, in Trust, for the following uses and purposes: The Trustee shall collect the income of the property held hereunder and, after deducting therefrom any charges and expenses properly chargeable to income in the administration of the Trust, shall pay the net income quarterly to my Aunt Kate Bald. Upon the death of my aunt Kate Bald, the Trustee shall divide the principal of the Trust Estate into seven (7) equal shares. One of said shares shall be transferred, delivered and paid over to each of the following persons and institutions: My cousin Edward Seeley; my cousin Elbert Long Seeley; my cousin Edward Cannon Bald; my Aunt Lena Bald Harnett; Trustees of the Carnegie Library of Pittsburgh; the Trustees of Harvard University for the use of the Harvard College Library; and the Trustees of Harvard University for the use of said University. ...
'B.In the event that my aunt Kate Bald should predecease me, I give, devise and bequeath the said rest, residue and remainder hereinabove described in equal shares to the following persons and institutions: My cousin Edward Seeley; my cousin Elbert Long Seeley; my cousin Edward Cannon Bald; my aunt Lena Bald Harnett; Trustees of the Carnegie Library of Pittsburgh; the Trustees of Harvard University for the ...