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MASON ESTATE. (04/20/59)

April 20, 1959

IN RE MASON ESTATE.


Appeal, No. 81, March T., 1959, from decree of Orphans' Court of Allegheny County, No. 2475 of 1957, in re estate of Ira C. Mason, deceased. Decree affirmed.

COUNSEL

Benjamin Jacobson, with him Morris B. Greenberg, for appellant.

James L. Lawler, with him Prichard, Lawler & Geltz, for Potter Bank & Trust Company, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Bell

[ 395 Pa. Page 485]

OPINION BY MR. JUSTICE BELL

Ira C. Mason, in the Fifth paragraph of his last will dated October 27, 1953, gave and devised his real

[ 395 Pa. Page 486]

    estate, 2130 Wylie Avenue, Pittsburgh, and the liquor business thereon conducted, to his brother Arnold, his daughter Vivian, and his employee George Moore, equally. Moore, in his petition to the Orphans' Court, prayed to have a deed of trust (hereinafter reviewed) made by Mason to Potter Bank and Trust Company, declared testamentary and void as to him and as to creditors of Mason's estate. From a Decree which dismissed his petition, Moore took this appeal.

Mason, as donor, and Potter Title and Trust Company, as trustee, executed a deed or agreement of trust dated September 7, 1950. The relevant provisions of this trust agreement are as follows:

The donor granted and conveyed to the trustee four specific parcels of real estate - the deed to each of which was duly recorded in the Office of the Recorder of Deeds of Allegheny County - upon the following terms and conditions: The trustee was to manage all the real estate, pay the taxes, and make all necessary repairs, collect the income and distribute the net income from the trust to the donor during his life. Upon the death of the donor the trustee's active duties were to continue, but it was to invest and reinvest the trust fund only in legal investments. It was then to pay the net income in specified proportions to Mason's wife, his daughter Mary, his daughter Vivian, and his sister Juanita Winston, until donor's youngest child attained the age of 35 years, or if said child shall not attain the age of 35 years, then "in the year 1962, the Trustee shall pay over four-twelfths (4/12) of the principal of the Trust Fund to the Donor's wife, ...; three-twelfths (3/12) of the principal ... to the Donor's daughter, Mary ...; three-twelfths (3/12) of the principal ... to the Donor's daughter, Vivian ...; and two-twelfths (2/12) of the principal ... to the Donor's sister, Juanita Winston, ...." All of these

[ 395 Pa. Page 487]

    gifts in remainder were absolute and freed and discharged of all trusts. The trust contained one of the usual spendthrift trust provisions, ...


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