Appeal from decree of Orphans' Court of Philadelphia County, No. 1587 of 1946, in re estate of Christina K. Springman, deceased.
Paul Maloney, with him Paul C. Wagner, and Pepper, Hamilton and Scheetz, for appellant.
Charles J. Biddle, with him Morgan R. Jones, Cuthbert H. Latta, and Drinker, Biddle & Reath, for appellee.
Bell, C. J., Musmanno, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Jones took no part in the consideration or decision of this case.
Christina K. Springman died testate March 19, 1945. In Paragraphs Seventeenth to Twentieth of her
will, dated July 31, 1939, she provided in detail for the disposition of the principal of and the income from her residuary estate. Appellant Scott Reckefus,*fn1 who is an income beneficiary thereunder, appeals from a final Decree of the Orphans' Court which confirmed an adjudication which appellant contends misinterpreted his share of income.
In the first 16 paragraphs of her will, testatrix made some specific and pecuniary gifts to relatives and friends. In the Seventeenth paragraph, she gave all her residuary estate to her trustees upon certain trusts, including permission to her sisters and brothers to occupy premises 1233 South 52nd Street rent-free during their lifetime, and upon the death of the survivor to convey said property unto Scott in fee simple. She then gave a specific monthly annuity to her sisters and brothers with direction to pay the balance of the net income quarterly to her husband for his life.
In the Eighteenth paragraph of her will she provided that upon the death of any of her brothers or her sister Gladys before the death of her husband, the income therefore paid to him or her should be paid to her husband for his life, and if her sister Irma predeceased her husband, the income theretofore paid to her should be paid to her son Scott not for his life, but only until the death of her husband.
There then follow these very important paragraphs:
"Nineteenth: At and immediately upon the death of my said husband,*fn2 I order and direct my Trustees . . . to pay the net income from my entire residuary estate, in even and equal parts, unto such of my four brothers and sisters who may be living at that time, in quarter-yearly installments, for and during the term of their natural lives. Provided, however, that if my sister, Irma Reckefus, shall have predeceased my husband,
" Of the balance of the corpus of my residuary estate (upon the death of the survivor of my husband, brothers and sisters) ...