Appeals, Nos. 14, 15 and 16, May T., 1958, from decree of Orphans' Court of York County, in re estate of E. T. Jeffers, deceased. Decree reversed.
Robert O. Butler, for appellants.
Ralph S. Snyder, Deputy Attorney General, with him Joseph L. Cohen and Lois G. Forer, Deputy Attorneys General, and Thomas D. McBride, Attorney General, for Commonwealth.
William S. Middleton, for Presbyterian Home of Central Pennsylvania, appellee.
Before Jones, C.j., Bell, Musmanno, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE COHEN.
On April 26, 1910, E. T. Jeffers, deposited $5,000 with the York Trust Company as trustee pursuant to an inter vivos trust agreement, for the following uses and purposes: "To hold and invest said sum of money and to collect the interest and income from such investments and to pay the same, less proper costs and charges, to Evetta Tupper Jeffers, daughter of the said E. T. Jeffers, semi-annually, during her life, and upon her death to pay, deliver and transfer said principal sum of Five Thousand Dollars, less proper costs and charges, to such persons as she, the said Evetta T. Jeffers, may by her last will and testament appoint, and in default of such appointment, to her next kin in the proportions established by the intestate laws of the State of Pennsylvania." (Emphasis supplied).
On May 23, 1949 the aforementioned daughter of E. T. Jeffers, Evetta, executed the following document and caused the same to be acknowledged before a notary public:
"York Trust Company, York, Pennsylvania
"I, Evetta J. Schock (Mrs. Clarence Schock), was born Evetta Tupper Jeffers, and I am the life beneficiary of the trust ...