Appeal, No. 64, Jan. T., 1963, from decree of Orphans' Court of Montgomery County, No. 61,872, in re trust estate of Joe La Rocca, settlor. Decree reversed.
Richard H. Knox, for appellant.
Samuel H. High, Jr., for appellee.
Before Bell, C.j., Musmanno, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE EAGEN
This is an appeal from a decree in the court below, which 1) refused to issue a citation upon a trustee to file an account and to make distribution of trust income to a minor beneficiary in accordance with a deed of trust; 2) granted reformation of the trust instrument.
The settlor and self appointed trustee, Joe La Rocca, on February 1, 1954, accepted a deed of trust from Salvatore Varino, and Delphine Varino, his wife, by which the grantors conveyed to him certain real estate in Willow Grove, Montgomery County, Pennsylvania. The trust instrument provided in pertinent part as follows: "In Trust to collect and receive rent and income from premises above described as the same shall from time to time accrue and to pay and apply the
same for the support, maintenance and education of the said Julius La Rocca, born December 19, 1952, until he shall attain the full age of twenty-one (21) years, ... And after the arrival of the said minor, Julius La Rocca, at the age of twenty-one (21) years, In Trust to convey such premises or such estate unto him, the said Julius La Rocca absolutely, in fee. ..."
The specified beneficiary, presently ten years of age, is the trustee's grandson. No account having been filed or income of the trust distributed, a petition for a citation was filed on June 7, 1961, in the Orphans' Court of Montgomery County on behalf of the minor beneficiary by his mother as natural guardian.
The trustee subsequently filed a complaint in equity in the Court of Common Pleas of Montgomery County seeking reformation of the trust instrument. He also filed an answer to the petition for the citation in the orphans' court, 1) questioning the jurisdiction of that court, and 2) denying the right of the petitioner to an accounting and distribution because the trust instrument did not contain the true and correct provisions he intended and directed to be included therein.
The orphans' court overruled the jurisdictional objection, proceeded to hearing and entered ...