Appeal, No. 68, Jan. T., 1961, from order of Orphans' Court of Montgomery County, No. 58,815, in re estate of Annie E. Hurst, deceased. Order affirmed; reargument refused April 16, 1962.
William J. Woolston, with him Leon H. Fox, Sr., for appellant.
Victor J. Roberts, with him Shirley S. Bitterman, William M. Barnes, and Schnader, Harrison, Segal & Lewis, and High, Swartz, Roberts & Seidel, for appellees.
Martin H. Yusem, for residuary legatees, appellees.
Ralph S. Snyder, Deputy Attorney General, for Commonwealth, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.
OPINION BY MR. JUSTICE EAGEN
This is an appeal from the lower court's adjudication in a will contest wherein an issue devisavit vel non was granted and the issue tried before a judge without a jury.
The testatrix, Annie E. Hurst, executed the disputed will on December 2, 1949. She was then seventy-four years of age. She died January 19, 1958.
The testatrix lived with her son, Winfred Hurst, who died unexpectedly of heart failure on November 7, 1949, while in early middle age. There were no other next of kin. In his will, Winfred Hurst gave Harry J.
Alker, Jr., then an attorney,*fn1 one-eighth of his residuary estate and also named Alker, Executor and Trustee. The will also specifically established a $100,000 trust fund for the support and maintenance of Winfred's mother, Annie E. Hurst. Alker was named the sole trustee of this fund with full authority to use both the income and principal for the purposes stated. The will further provided: "[My] mother shall have the right to dispose by her will up to Twenty-five thousand dollars ($25,000) of the estate remaining in trust under this paragraph for her at the time of her death. If she should not exercise the power of appointment aforesaid, then all the ...