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ESTATE ALBERT M. GREENFIELD (03/14/79)

decided: March 14, 1979.

ESTATE OF ALBERT M. GREENFIELD, DECEASED. APPEAL OF ALBERT M. GREENFIELD, JR. APPEAL OF MERVIN J. HARTMAN, ESQUIRE, GUARDIAN AND TRUSTEE AD LITEM


Nos. 116 and 118 January Term, 1978, Appeals from Decree of the Court of Common Pleas of Philadelphia, Orphans' Court Division No. 3532 of 1967.

COUNSEL

John A. Eichman, III, Philadelphia, for appellant at No. 116 and appellee at No. 118.

Mervin J. Hartman, Philadelphia, for appellant at No. 118.

John J. Lombard, Jr., Walter E. Nelson, Jr., Obermayer, Rebmann, Maxwell & Hippel, Robert K. Greenfield, Philadelphia, for appellees at Nos. 116 and 118.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Pomeroy, former J., did not participate in the consideration or decision of this case.

Author: Roberts

[ 484 Pa. Page 142]

OPINION OF THE COURT

We are asked to decide whether the executors of the Albert M. Greenfield estate properly allocated the increase in the value of estate principal, accrued over the estate's administration, between the electing spouse and the residuary trusts. The executors used the "changing fraction" method of allocation, which allocated appreciation to the electing spouse on the basis of her actual share of the principal fund. We reject appellants' contention that use of this method of allocation was improper.

[ 484 Pa. Page 143]

Albert M. Greenfield died on January 5, 1967. His will directed, inter alia, that his wife receive a life interest in the income of, and a power of appointment over, one-third of his estate, and that his residuary estate be used to fund trusts of equal size for the benefit of his children and their issue. Testator's widow, appellee Elizabeth Greenfield Petri, a co-executrix of the estate and a co-trustee of the residuary trusts, elected to take against the will.

The executors filed their first account on May 31, 1971. The Court of Common Pleas of Philadelphia (per Bolger, J.) filed an adjudication dated May 22, 1972, and a supplemental adjudication dated October 10, 1972. Exceptions to the adjudication of May 22 were filed with respect to the directed distribution of paintings in decedent's art collection. The court en banc reversed the auditing judge and amended his adjudications. On appeal, this Court dismissed the exceptions and reinstated the adjudications of the auditing judge. Greenfield Estate, 457 Pa. 114, 321 A.2d 922 (1974).

The statement of proposed distribution submitted to the auditing court and reviewed in its adjudication of May 22, 1972, requested, in relevant part, the following distribution as between the electing widow and the residuary trusts.

"PRINCIPAL

ELIZABETH M. GREENFIELD [PETRI] One-Third (1/3) of the net probate Es-

     tate.

PROVIDENT NATIONAL BANK Balance of Estate, after payment of

ELIZABETH M. GREENFIELD [PETRI] Federal Estate Tax into equal sepa-

ALBERT M. GREENFIELD, JR. rate trusts for each of ALBERT M.

BRUCE H. GREENFIELD and GREENFIELD'S ...


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