Appeal from decree of Orphans' Court of Philadelphia County, No. 3756 of 1941, in re trust under deed of George Powell Pennington, deceased.
Daniel B. Michie, Jr., with him Ellen Q. Suria, Robert F. Lehman, and Fell & Spalding, for appellant.
Philip A. Bregy, with him MacCoy, Evans & Lewis, for appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Roberts concurs in the result. Mr. Justice Musmanno and Mr. Justice Cohen dissent.
Three questions are presented by this appeal:
(1) Has the Orphans' Court of Philadelphia County jurisdiction of this account and of the questions involved;
(2) (a) Does the law of New Jersey or Pennsylvania govern the interpretation of the deed of trust, and (b) What did the settlor mean by "issue"?
We shall discuss these in inverse order.
George Powell Pennington, of Atlantic City, New Jersey, as settlor, and Ella Taylor Pennington, of Atlantic City, New Jersey, as trustee, and Girard Trust Company,*fn1 a Pennsylvania Corporation, as trustee, executed a revocable deed of trust dated March 22, 1933. The trust res consisted of certain life insurance policies which were payable to the trustees on the death of settlor.
Under the terms of the trust, settlor first provided for the collection of said policies and the investment and reinvestment of the proceeds. He then provided in the second paragraph thereof that the trustees should pay the entire net income periodically to Ella Taylor Pennington for her life.
The third paragraph is the one which gives rise to the present controversy. Testator pertinently provided therein that on ...