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ESTATE JOHN P. CROZER (03/13/81)

decided: March 13, 1981.

ESTATE OF JOHN P. CROZER, DECEASED. APPEAL OF WILLIAM DIEHL LOBER


No. 33 January Term, 1979, Appeal from the Decree of the Court of Common Pleas of Delaware County, Orphans' Court Division, at No. 45 December Term, 1926, dated January 5, 1978.

COUNSEL

Mary M. Rogers, Philadelphia, for appellant.

L. Pierre Teillon, Jr., Philadelphia, for First Pa. Bank.

Garry P. Jerome, Philadelphia, for trustee and guardian ad litem.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Roberts

[ 493 Pa. Page 353]

OPINION OF THE COURT

This is an appeal from a decree of the Orphans' Court Division of the Court of Common Pleas of Delaware County appointing David Van Dyke to serve as a co-trustee of a testamentary trust established by John Crozer. We agree with appellant, objecting beneficiary William Lober, that the appointment of Van Dyke is impermissible under the terms of the trust. Hence we reverse.

I.

Settlor Crozer died testate in 1926. In his will, Crozer created a trust for the benefit of family members, including his wife, his four daughters, his grandchildren, and his great grandchildren. The trust presently is active, and will remain so until the death of the last of Crozer's grandchildren who were living at his death.

By paragraph 11 of his will, Crozer provided:

"I do hereby nominate, constitute and appoint my beloved wife, Elizabeth W. Crozer, William I. Schaffer, of the Township of Haverford, Delaware County, Pennsylvania, John B. Hannum, Jr., of the Township of Middletown, Delaware County, Pennsylvania, and Bank of North America & Trust Company, of Philadelphia, Pennsylvania [(now First Pennsylvania Bank)], as the Trustees of the several trusts ...


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