No. 1252 Pittsburgh 1981, Appeal from the Order of December 8, 1981, Court of Common Pleas, Allegheny County, Orphans' Court Division at No. 165 of 1980.
Thomas F. Nelson, Pittsburgh, for appellants.
John D. Truxall, Pittsburgh, for Pgh. Nat. Bank, participating party.
David Max Baer, Pittsburgh, for Noble, participating party.
Malcolm F. Macfarlane, Pittsburgh, participating party, in pro. per.
Brosky, Johnson and Montgomery, JJ.
[ 313 Pa. Super. Page 399]
The instant appeal involves the interpretation of a provision in the will of the deceased testator, Jesse F. Macfarlane. The testator died on December 11, 1979 leaving a valid will dated October 2, 1979 which was duly admitted to probate.
The will provisions relevant to this appeal state:
FIRST: A. I give all my tangible personal property, together with any existing insurance thereon, to my wife, ELIZABETH P. MACFARLANE, or if she does not survive me, I give such items of my tangible personal property to the following named individuals who are then living. [Followed by nine numbered subparagraphs containing directions for the disposition of specific items and a tenth subparagraph disposing of the balance of testator's tangible personal property to appellants.]
SECOND: I give the residue of my estate to PITTSBURGH NATIONAL BANK, as trustee, to hold under the terms of my trust agreement dated October 2, 1979, . . . or if such agreement is not in effect at the time of my death, to hold in trust under the terms specified in such agreement on the date of this will . . . .
The trust agreement referred to established a marital and a residuary trust for the benefit of testator's wife, Elizabeth P., during her lifetime. Upon her death, the trusts were to be ...