Paul E. Moses, Pittsburgh, for appellants.
John R. Bowman, Francis J. Carey, Pittsburgh, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy and Nix, JJ., concur in the result.
We are asked to review the appointment of a successor trustee by an orphans' court. Ernest G. Nassar (hereinafter decedent) died testate on January 29, 1969. The seventh article of his will, the language of which gives rise to most of the difficulties in this case, provided:
" Seventh : I give, devise and bequeath to my friend, JOHN JOSEPH, in trust and for the benefit of my son, ERNEST G. NASSAR, JR., one-eighth (1/8th) of
my Estate, and to hold same for a period of ten (10) years after my death. In the event of the death of my Trustee, JOHN JOSEPH, before or during this Trusteeship, I name, nominate and appoint CHARLES F. McKENNA, as Substitute Trustee in place of the Deceased Original Trustee, for the following uses and purposes:
1. During the term of this Trust the Trustees shall pay the income from said Trust quarter-annually to or for the benefit of my son, ERNEST G. NASSAR, JR., for the periods hereinafter set forth.
2. In the event that any payment of income hereinabove authorized to be made to my said son, ERNEST G. NASSAR, JR., shall be insufficient in the opinion of the Trustee or Trustees to provide for the welfare, maintenance, support and education of such Beneficiary, the Trustee or Trustees are authorized to use from time to time so much of the principal of the trust as in the opinion of the Trustees may be advisable therefor, and, provided further, that the said Trustee or Trustees in their sole discretion are authorized to expend principal for the investment in any business or professional venture in which my said son, ERNEST G. NASSAR, JR., may wish to participate, if the same appears sound to my said Trustee or Trustees.
3. In the event of the death of my said son, ERNEST G. NASSAR, JR., during the term of this trust, any remaining principal shall be distributed to his issue, if any, and if none, the said Trust Estate shall be distributed as follows:
(a) One-third (1/3rd) thereof to PAULINE A. NASSAR, his mother, if she survives him;
(b) One-third (1/3rd) to the Widow of my son, ERNEST G. NASSAR, JR., ...