Appeal, No. 151, Oct. T., 1956, from decree of Orphans' Court of Berks County, No. 42585, in re estate of Joseph I. Kershner, dec'd. Decree reversed.
Paul D. Edelman, with him John W. Forry, and Paul H. Edelman, for appellants.
Dawson H. Muth, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Carr, JJ. (hirt, J., absent).
[ 182 Pa. Super. Page 270]
We are here concerned with the interpretation and effect of an instrument executed and acknowledged by Joseph I. Kershner on August 30, 1948, and recorded in the office of the Recorder of Deeds in and for Berks County on September 2, 1948, in Miscellaneous Book 163 at page 617. This instrument, hereinafter referred to as the declaration, reads as follows:
"WHEREAS, I, the undersigned JOSEPH I. KERSHNER, SR., am the owner in fee of a certain farm and tract of land situate in Windsor Township, Berks County, Pennsylvania, containing 123 acres, more or less; and
"WHEREAS, I have eight (8) children who are entitled to an equal voice in the disposition of the aforesaid farm.
"NOW, THEREFORE, in consideration of natural love and affection and for the further consideration of the sum of ONE DOLLAR ($1.00) to me in hand paid by each of my said eight (8) children, I do hereby covenant and declare that I hold title to the aforesaid farm of 123 acres, more or less, in trust for the joint benefit of all of my said eight (8) children, and that I will not convey, mortgage or otherwise dispose of the title to my said farm without the written consent of each of my eight (8) children, namely: George C. Kershner, Mrs. Mary Focht, Irvin Kershner, Mrs. Katie Kershner, Joseph I. Kershner, Jr., Walter H. Kershner, Milton H. Kershner, Alvin C. Kershner.
"IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of August A.D. 1948".
Joseph I. Kershner died on February 18, 1953, leaving a last will and testament dated July 5, 1950. This instrument was duly probated on January 29, 1954, and letters testamentary were issued to Irvin S. Kershner and George C. Kershner, the ...