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NEVIL ESTATE. (03/17/64)

March 17, 1964

IN RE NEVIL ESTATE.


Appeals, Nos. 33 and 40, Jan. T., 1964, from decree of Orphans' Court of Delaware County, June T., 1931, No. 22, in re estate of George W. Nevil, deceased. Decree affirmed; reargument refused May 1, 1964.

COUNSEL

James M. Marsh, with him Robert E. Cusick, Joseph G. Manta, and LaBrum and Doak, for Pennsylvania Society for the Advancement of the Deaf, appellant.

William Taylor, Jr., for Pennsylvania Federation of the Blind, appellant.

H. Ober Hess, with him Peter M. Mattoon, and Ballard, Spahr, Andrews and Ingersoll, for Pennsylvania School for the Deaf and Overbrook School for the Blind, appellees.

Cuthbert H. Latta, for trustee, appellee.

James L. Price, Special Assistant Attorney General, with him Charles A. Woods, Jr., Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.

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

Author: Jones

[ 414 Pa. Page 124]

OPINION BY MR. JUSTICE JONES

George W. Nevil (testator), died on October 29, 1930. By his will, his residuary estate was left in trust to Girard Trust Company (now Girard Trust Corn Exchange Bank) (trustee), "... to pay out of the net income thereof as follows: (1) To [a presently surviving life tenant] ... Seven thousand dollars monthly so long as she shall live ..., and after her death the principal of the said estate, upon which she has been receiving the said monthly sum shall become a part of my residuary estate. (2) To establish and maintain an Asylum for the deaf, dumb or blind, to be known as the 'Nevil Asylum for the Deaf, Dumb or Blind' - the said net income to be allowed to accumulate until it reaches a sum sufficient, in the judgment of the ... [trustee], to establish and maintain such asylum and the support of the same thereafter to be paid out of the income." Thirty odd years later, the asylum has not yet been established.

On March 6, 1961, the trustee's fourth account*fn1 was called for audit in the Orphans' Court of Delaware County. At the audit,*fn2 the trustee, through its counsel, stated that, after an investigation and study of the possibility of then establishing an asylum for the deaf, dumb or blind, it had concluded: (a) the establishment

[ 414 Pa. Page 125]

    at that time of such an asylum was not practical; (b) even if it were practical, the available funds were not sufficient for the purpose; (c) as to whether such an asylum should ever be established, such decision should be deferred until a future time; (d) in the meantime, part of the accumulated trust income should be immediately put to work in the areas in which testator had indicated his interest. The trustee recommended that grants be made ...


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