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HERMANN TRUST (11/26/73)

decided: November 26, 1973.

HERMANN TRUST


Appeal from decree of Court of Common Pleas, Orphans' Court Division, of Allegheny County, No. 12449 of 1942, in re estate of John A. Hermann, Jr.

COUNSEL

Gilbert E. Morcroft, for appellants.

Norman R. Schade, with him Campbell, Thomas & Burke, for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Pomeroy.

Author: Pomeroy

[ 454 Pa. Page 293]

Pittsburgh National Bank, as corporate trustee of a charitable trust established by John A. Hermann, Jr., now deceased, petitioned the Orphans' Court Division

[ 454 Pa. Page 294]

    of the Court of Common Pleas of Allegheny County for approval of an interim account of the affairs of the trust. Appellants, individual trustees of another charitable trust of the same settlor, filed exceptions which were overruled by the court below in an order which approved the bank's second and partial account. Hence this appeal.

There are involved here two separate trusts, although only one is presently before the Court in this proceeding. The first is an intervivos trust created in 1939 by a conveyance of the settlor, John A. Hermann, Jr., to five individual trustees, including himself. By this deed of trust Mr. Hermann established the John A. Hermann, Jr. Memorial Art Museum, intended to be a free "public art museum", conveying to the trustees thereof his personal collection of paintings, ivories, bronzes and other objects d'art, together with a plot of land and a residence thereon situated in the Borough of Bellevue, Pennsylvania.*fn1 We will refer to this trust as the "museum trust".

The second trust is a testamentary trust created by Mr. Hermann in his will, executed in 1940 (the testator died in 1942). Under the terms of this trust, $75,000 was transferred to Peoples-Pittsburgh Trust Co., predecessor of the present accountant, as trustee to hold, invest and reinvest, and to pay the net income to the museum trustees "for the maintenance, repair and improvement of the museum and real property connected therewith."*fn2 The trustee of this testamentary trust,

[ 454 Pa. Page 295]

    appellee here, is not, it should be noted, a trustee of the museum trust.

The intervivos trust which created the museum was in perpetuity. The testamentary trust, however, provided that "[i]f ever the Art Museum shall cease to exist the principal and any unused income shall be held thereafter by Peoples-Pittsburgh Trust Company, as Trustee, for the ...


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