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ESTATE AND TESTAMENTARY TRUST JAMES LYON HAMILL (03/20/80)

decided: March 20, 1980.

IN RE ESTATE AND TESTAMENTARY TRUST OF JAMES LYON HAMILL, II, LATE OF HIGHLAND TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, DECEASED. APPEAL OF GRACE L. HAMILL, INCOME BENEFICIARY


Nos. 608 & 609, January Term, 1977, Appeal from the Decrees of the Court of Common Pleas of Chester County, Orphans' Court Division, to O.C. Nos. 459-1975 & 177-1976.

COUNSEL

T. Dean Lower, Hollidaysburg, for appellant.

George W. McKeag, Swarthmore, for appellee, Sarah R. Litchfield.

Thomas G. Ashton, Franklin L. Gordon, Coatesville, for appellee, Industrial Valley Bank and Trust Company.

Robert J. Dixon, Deputy Atty. Gen., for appellee, Attorney General, as parens patriae.

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. Larsen, J., concurs in the result.

Author: Roberts

[ 487 Pa. Page 595]

OPINION OF THE COURT

Appellant Grace L. Hamill is the widow of decedent, James Lyon Hamill II, and the life income beneficiary of a testamentary trust decedent created. Appellant primarily contends that appellee Industrial Valley Bank and Trust Company (IVB), executor of decedent's estate and trustee, acted improperly in its management of the trust and the administration of the estate. Appellant seeks the removal and surcharge of IVB because appellant is dissatisfied with the amount of income produced by the trust. Appellant also contends that IVB, as executor, failed to fund the trust promptly, and, as trustee, failed to place the trust assets in investments providing a greater return. The Court of Common

[ 487 Pa. Page 596]

Pleas of Chester County, Orphans' Court Division held that, on the basis of the evidence presented, appellant failed to demonstrate her entitlement to the relief requested. The record supports the adjudication of the orphans' court and appellant here demonstrates no basis for disturbing that decree. Accordingly, we affirm.

I

Decedent, a resident of Chester County, died on April 24, 1975. By his will decedent appointed IVB executor of the estate, trustee of the trust created, and guardian of any minor beneficiaries of the trust. The will also provided for several specific bequests and ...


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