No. 778, January Term, 1977, Appeal from the decree of the Court of Common Pleas of Delaware County, Pennsylvania, Orphans' Court Division No. 266-1975
Lewis B. Beatty, Jr., Media, for appellant.
Joseph F. Mulcahy, Jr., Chester, for appellee, Joseph Felice.
Donald E. Wydrzynski, Springfield, for appellant, Edna Chase.
Angelo A. DiPasqua, Media, pro se.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen and Flaherty, JJ. Manderino, J., did not participate in the consideration or decision of this case.
The appeal of George E. Kearns, Jr. and the Provident National Bank as executors of the will of Antonio Felice, deceased, lodged at No. 777, January Term 1977, is hereby dismissed for the reasons stated in footnote two of the opinion filed by this Court in Estate of Antonio Felice, deceased, No. 778, January Term 1977, Appeal of Edna Chase, exceptant.
Antonio Felice died on March 18, 1973 and was survived by his two children and five grandchildren. He left a will naming his close friend, appellant Edna Chase, as the primary beneficiary. In relevant part, the will provided:
SECOND: I give and bequeath to my friend, EDNA CHASE, if she survives me, as her own absolute property, all my household goods, furniture, bric-a-brac, glassware, china, linen, wearing apparel, jewelry, books, pictures, paintings, automobiles, and all other personal effects, exclusive of any which may be used in a business or profession, which may be owned by me at the time of my death.
THIRD: I give and bequeath to my friend, EDNA CHASE, if she survives me, all my bonds, shares of stock, and cash.
FOURTH: I give, devise and bequeath all the rest, residue and remainder of by estate, of whatsoever kind and wheresoever situated, to my Trustees, hereinafter named, to hold such property in trust, to keep the same invested, and to distribute the income therefrom and the principal therefrom as follows:
A. Trustees shall pay the income in quarterly installments to my friend, EDNA CHASE, for her life. In addition, my Trustees shall pay to or apply for her maintenance, comfort and support so much of the principal of such trust as my ...