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PINNEY ESTATE. (06/05/63)

June 5, 1963

IN RE PINNEY ESTATE.


Appeal, No. 172, Jan. T., 1963, from decree of Orphans' Court of Delaware County, No. 201 of A.D. 1962, in re estate of Elizabeth A. Pinney, deceased. Decree affirmed.

COUNSEL

Guy W. Davis, with him John Y. Mace and Edward Harshaw, for appellants.

George E. Kearns, Jr., for appellee.

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

Author: Jones

[ 411 Pa. Page 231]

OPINION BY MR. JUSTICE BENJAMIN R. JONES

On March 9, 1960 - survived by neither spouse nor issue - Elizabeth A. Pinney (decedent) a resident of Delware County, died.

[ 411 Pa. Page 232]

On October 11, 1955, decedent - then 85 or 86 years of age - entered into a written agreement*fn1 with a Mrs. Hazel Liddell (Mrs. Liddell) which agreement read as follows: "I, [decedent], have requested [Mrs. Liddell], my husband's cousin, to live with me, so that when and if I become infirm or helpless, she shall give me the loving care of a sister in Christ, for the balance of my days. Since she is the closest relative of my husband and myself (in this country), and the loved one who will best minister to my needs, it is my desire now, and was my husband's and my desire before he went home, that she receive my property at 115 Barker Ave Sharon Hill.

"I, [Mrs. Liddell], agree to accede to [decedent's] request and will take up my residence with her at 115 Barker Ave. I further agree to share in the expenses of the house to the amount of thirty dollars per month at present; but will continue my present career in nursing as long as [decedent] has a suitable companion living with her. Should she be left alone, or need care for any reason, I agree to tend her as a loving sister in Christ for the balance of her life."

On January 25, 1960, decedent made a will in which she created a trust consisting of her entire estate. Under the terms of that trust, the trustees were "to use the income for the benefit of ... [Mrs. Liddell], for and during the term of her natural life"; if the trustees so determined, they could sell the realty, invest the principal and use the income for Mrs. Liddell's benefit; if deemed necessary by the trustees, they could use any part of the principal for Mrs. Liddell's benefit; upon Mrs. Liddell's death, the trustees were directed

[ 411 Pa. Page 233]

    to "use the principal or the balance thereof in the Lord's Work in any ...


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