Appeals, Nos. 29 and 105, Oct. T., 1956, from decrees of Orphans' Court of Lancaster County, August 5, 1955, in re Estate of Susan Young, deceased. Decrees affirmed.
Wm. Hensel Brown, with him Brown & Zimmerman, for appellant.
Harris C. Arnold, with him Wm. G. Johnstone, Jr., Herbert S. Levy, Louis S. May, Arnold, Bricker & Beyer, Windolph & Johnstone, and Appel, Ranck, Levy & Appel, for appellees.
John B. Rengier, for appellees.
Before Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ. (rhodes, P.j., absent).
[ 181 Pa. Super. Page 469]
Susan Young, widow, died on April 14, 1954, leaving a will dated July 23, 1946. On the date the will was executed, Mrs. Young had six living children as follows: A son, Milton H. Newcomer, who died March 14, 1949, survived by three children; a daughter, Bertha Wolfred, who has one child, Raymond W. Thompson; a son, Abram L. Young, who died March 27, 1955, without children surviving; a son, Robert L. Young, who has no children; a son, Martin L. Young, who has four
[ 181 Pa. Super. Page 470]
children; and a son Roy L. Young, who has two children. We are here concerned with the construction of the italicized language in the following two paragraphs of Susan Young's will:
"FIFTH. After my entire estate has been converted into cash, I give and bequeath unto my son, Milton H. Newcomer, his heirs and assigns, one-sixth (1/6) of the net proceeds from the sale of my home property and the land adjoining, excepting however, the valuation money charged on the land hereinbefore devised to my son, Roy L. Young. The residue of my estate I give and bequeath in equal shares unto my grandson, Raymond W. Thompson; my son, Abram L. Young; my son, Robert L. Young; the children of my son, Martin L. Young, who survive me; and my son, Roy L. Young, their heirs and assigns. If the children of my son, Martin L. Young, have not yet reached the age of twenty-one (21) years at the time of my death, I nominate, constitute and appoint the Farmers Bank and Trust Company of Lancaster guardian of their several shares until they respectively arrive at the age of twenty-one (21) years.
"SIXTH. The shares of the residue hereinbefore bequeathed to Raymond W. Thompson, Abram L. Young and Robert L. Young shall be held in trust for them by the Farmers Bank and Trust Company of Lancaster. The said trustee shall pay the net income to them from their respective shares during their lifetime. The said trustee is authorized, empowered and directed to use the principal of their respective shares, if necessary, to properly care for them during any periods of sickness. Upon the death of Raymond W. Thompson, the balance of ...