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FLECK ESTATE. (03/13/62)

March 13, 1962

IN RE FLECK ESTATE.


Appeal, No. 68, Jan. T., 1962, from decree of Orphans' Court of Montgomery County, No. 49,311, in re estate of Howard Fleck, deceased. Decree affirmed.

COUNSEL

Ella N. Petersen, for appellant.

Samuel H. High, Jr., for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 406 Pa. Page 364]

OPINION BY MR. CHIEF JUSTICE BELL

Howard Fleck died on March 30, 1944, leaving a will in which, inter alia, he made certain bequests to named individuals including his widow and created a residuary testamentary trust of which his widow, Eva

[ 406 Pa. Page 365]

H. Fleck, was the principal life beneficiary. The will pertinently provided:

"6. All the rest, residue and remainder of my Estate of whatsoever kind and wheresoever situate, I give, devise and bequeath unto my Executors, hereinafter named, IN TRUST, nevertheless, to invest the same and keep the same invested, and, out of the income thereof, pay unto may niece, the said Caroline F. Christie, the monthly sum of FIFTY DOLLARS ($50.00) for and during the term of her natural life and the balance of income, thereafter remaining, to be paid unto my wife, EVA, for and during the term of her natural life, but should such income be insufficient for the comfortable maintenance of my said wife, then the Trustees are authorized from time to time to make payments to her out of the principal of the Trust, even though the same be in that way reduced or exhausted. ..."

Following the death of his widow Eva on February 11, 1957, her executor, who is the present appellant, requested the testamentary trustees under the will of Howard Fleck to prepare and file an account covering the administration of the trust. Thereafter the Orphans' Court confirmed the trustee's account and entered a decree nisi. Following oral argument on exceptions and a consideration of briefs, the Court below sustained some of the exceptions and entered a final Decree confirming absolutely its adjudication as modified by its Opinion and Decree. This appeal followed.

Appellant raises a host of questions concerning the administration of Howard Fleck's residuary testamentary trust, only some of which merit discussion.

One of appellant's principal arguments is that certain stock transactions resulted in the trust estate receiving income which should have been, but was not, distributed to his widow Eva or to her estate. In ...


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