Nos. 89 and 93 March Term, 1977, Appeals from Decree of the Court of Common Pleas of Allegheny County, Orphans' Court Division, No. 1989 of 1945, Dismissing Exceptions to Decree of Distribution.
Guy L. Warman, John Michael Studeny, Pittsburgh, for appellant at No. 89.
Cuthbert H. Latta, Philadelphia, for appellant at No. 93.
Raymond R. Goehring, Jr., Robert W. Beilstein, Goehring, Rutter & Boehm, Pittsburgh, for appellees at No. 89.
Raymond R. Goehring, Jr., Robert W. Beilstein, Goehring, Rutter & Boehm, Pittsburgh, for appellees at No. 93.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Pomeroy, J., did not participate in the decision of this case. Eagen, C. J., and O'Brien, J., dissent.
In a will executed in 1923, testator William Flinn, after making certain bequests, devised two and one-half per cent of the residue of his estate to his sister and a charitable institution and divided the balance of the residue among his six children. George H. Flinn, testator's eldest son, was to receive his share outright. A. Rex Flinn, William Arthur Flinn and Ralph E. Flinn, testator's other sons, were each to receive a portion of his share outright and the balance held in trust. Testator's two daughters, Mary Flinn Lawrence and Edith Flinn Patterson, were to receive their shares entirely in trust. Testator died in 1924.
The trust for Mary Flinn Lawrence, which closely resembled those for the other four children for whom testator created trusts, specified:
"(c) To pay to my daughter, Mary Flinn Lawrence, the income on sixteen and one-fourth per centum (16 1/4%) of said residue of my estate during her lifetime, to be paid per quarterly. At her death her husband shall receive out of said income Four Thousand ($4,000.00) Dollars each year, payable quarterly, during his lifetime or until he again marries. The balance of said income shall be paid to her children, share and share alike, and at the death of her husband or when he remarries, the whole of said income shall be paid to her children, share and share alike, until the youngest child becomes twenty-one years of age, when the principal of said sixteen and one-fourth per centum
(16 1/4%) of said residue of my estate shall be equally divided among her children, and the children of any of her deceased children shall take in equal shares the share to which their respective parent would be entitled. In case my said daughter, Mary, shall die without issue the principal of said sixteen and one-fourth per centum (16 1/4%) of the residue of my estate, subject to the yearly payment of my daughter's husband during his lifetime, or until he remarries, shall go to her brothers and sisters ...