Appeal, No. 105, Jan. T., 1974, from decree of Court of Common Pleas, Orphans' Court Division, of Chester County, Estate No. 1971-84, Audit No. 245-1971, in re estate of Rebecca B. Thomas, deceased. Decree affirmed in part and reversed in part, and case remanded.
D. Scott Kelley, with him Kelley & Lieberman, for appellant.
Robert S. Gawthrop, Jr., with him Gawthrop & Greenwood, for appellee.
Before Jones, C.j., Eagen, O'brien, Roberts, Pomeroy, Nix and Manderino, JJ.
OPINION BY MR. CHIEF JUSTICE JONES.
Rebecca B. Thomas, an octogenarian spinster, died on January 12, 1971, leaving a last will and testament dated May 24, 1966. Following issuance of letters testamentary on January 28, 1971, Central Penn National Bank, an executor of the estate, filed a statement of proposed distribution and a petition for adjudication
in accordance with a first accounting with the Court of Common Pleas, Orphans' Court Division, of Chester County.*fn1
This appeal arises from a decree of that court dismissing objections and exceptions of Wilbur D. Thomas, a nephew of the decedent and a beneficiary under the will, to the adjudication and the statement of proposed distribution, in regard to a determination of title and ownership of funds in a savings account and to shares of common stock of the Philadelphia Electric Company.
Paragraph Eighth of the will, - the basis of this controversy and entitled "Gift to Wilbur Detweiler Thomas," - provides: "I give to my nephew, Wilbur Detweiler Thomas, all of the shares of common stock of Delaware Power & Light Company, and Pennsylvania Electric Company, and one-half of the balance of my savings in Malvern Savings and Loan Company, Paoli, Pennsylvania, at my death. If he does not survive me I give such property to his then living issue in equal shares, per stirpes." Under Paragraph Ninth of the will the residue of the estate is given to decedent's other nephew, C. Roger Thomas, the present appellee, or to his then living issue in equal shares, per stirpes, had he not survived her.
The record of evidence and testimony before the Orphans' Court reveals that on the date of her death, Miss Thomas owned 1050 shares of Philadelphia Electric Company common stock and seventy shares of Pennsylvania Electric Company preferred stock, ownership of the latter block not ...