Appeal from decree of Court of Common Pleas, Orphans' Court Division, of Beaver County, No. 4-70-210, in re estate of Margaret Stancik.
Rex Downie, Jr., for appellant.
Robert L. Orr, with him Wilson & Orr, for appellees.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Nix.
This is an appeal from a decree of the Orphans' Court Division of the Court of Common Pleas of Beaver County sustaining objections to the proposed distribution of the estate of Margaret Stancik according to a will and subsequent family agreement proffered by the appellant, George Stancik, Jr.*fn1 Because we find that
both the will and the family agreement failed to dispose of the residue of the estate, we affirm the decree of the court below.
The facts are not in dispute. The decedent, Margaret Stancik, and her husband, George Stancik, Sr., executed a "joint" will which provided in relevant part as follows:
"Second. We give devise and bequeath all the rest, residue and remainder of our estate, real, personal or mixed, of whatever nature or kind or wheresoever situate of which we, or either of us die possessed, each unto the other, meaning thereby that the survivor of us shall be the absolute owner of all that either of us possess.
"Third. In the event that our deaths should occur simultaneously or under any circumstances causing doubt as to which of us survived the other, than we hereby give, devise and bequeath our estate to our son George Stancik, Jr. with the direction that he pay to each of our daughters the amount of five hundred ($500) dollars, that is $500 to each of the following: Margaret Stancik Adamski, Mary Stancik Kirk, Anna Stancik Galco, Helen Stancik Namedan, Irene Stancik Brkich, Katherine Stancik Czarnecki and Agnes Stancik Franzini."
George Stancik, Sr., died on May 14, 1958, and his wife Margaret died on January 22, 1970, survived by their son, George, Jr., and the seven daughters named in the will. On April 3, 1970, all of the daughters except Mrs. Franzini met with the attorney for the estate and entered into what purported to be a family agreement. The pertinent portions are as follows:
"3. Under the terms of the Will the intention of the survivor of our mother and father was that our brother, George Stancik, Jr., would act as Executor of the Estate, ...