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MCGUIGEN ESTATE. (04/15/57)

April 15, 1957

MCGUIGEN ESTATE.


Appeals, Nos. 45 and 53, March T., 1957, from decree of Orphans' Court of Allegheny County, 1955, No. 3588, in re estate of Lou B. McGuigen, deceased. Decree affirmed.

COUNSEL

John A. Metz, Jr., with him Metz, McClure & MacAlister, for appellant.

James M. McIntyre and N. L. Wymard, for appellants.

William H. Eckert, with him Thomas P. Trimble, Jr., Emerson G. Hess, Jr., Jack G. Armstrong, and Smith, Buchanan, Ingersoll, Rodewald & Eckert, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Bell

[ 388 Pa. Page 476]

OPINION BY MR. JUSTICE BELL

The question involved is narrow: What, if any, effect did ยง 7(1) of the Wills Act of 1947 have upon the residuary gift contained in testatrix's last will?

Testatrix died on August 17, 1955. In her last will dated August 12, 1955, after giving a number of pecuniary and specific legacies and providing for the upkeep of her husband's grave, she provided: "SEVENTEENTH: All the rest and residue of my estate, I direct my Executor hereinafter named to convert into cash and distribute the same to HEART HOUSE, Valencia, Pennsylvania, for the general purposes of this organization." She specifically revoked "any Will or Wills by me at any time heretofore made."

Testatrix by a prior will dated May 22, 1953, after making a number of pecuniary gifts and providing a fund for the maintenance of the grave of her husband and her mother, gave her residuary estate to "Peoples First National Bank & Trust Company ... as Trustee under the following Trusts.

[ 388 Pa. Page 477]

"I. Trusts.

A. My Trustee shall hold the balance of the principal of the trust estate in perpetual trust and shall pay the net income therefrom in convenient installments to Heart House, Valencia, ...


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