No. 39 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Orphans' Division, Dauphin County at No. 796 of 1975.
Ronald Katzman, Harrisburg, for appellant.
Donald R. Waisel, Harrisburg, for appellee.
Wickersham, Olszewski and Hoffman, JJ.
[ 332 Pa. Super. Page 585]
This is an appeal from an order of the Court of Common Pleas of Dauphin County dismissing the objections filed by
[ 332 Pa. Super. Page 586]
the Evangelical Lutheran Church of the Good Shepherd (hereinafter, "Church"), appellant herein, to a schedule of distribution under a trust.
On September 3, 1970, Charles F. Passmore (hereinafter "Settlor") established a funded Revocable Agreement of Trust. The Trust consisted of two parts, appropriately titled Trust A and Trust B. Under the terms of the Trust Agreement, the Settlor's wife, Laura O. Passmore, was given a life income interest from both Trust A and Trust B. Laura was also given the power of appointment over the remainder of Trust A after her lifetime. The remainder interest in Trust B was to be distributed after Laura's death pursuant to the following instruction:
(v) Upon the death of Settlor's wife, the Trustee shall pay from Trust B the sum of Twenty-Five Thousand Dollars ($25,000.00), but not more than one-sixth of the total then held in Trust A and Trust B after payment of all debts, expenses and taxes in the estate of the Settlor, to the Lutheran Church of the Good Shepherd, now located at 3700 Rutherford Street, Harrisburg, Pennsylvania, and a like amount to the Home for the Friendless, of Harrisburg, Pennsylvania, in each case for such use in carrying out the purposes of the organization as its governing body may from time to time determine, and the balance held in Trust B shall then be distributed equally among those of the following who survive Settlor's wife, Laura O. Passmore: . . . .
(R.R. at 9a). The trust agreement then went on to name ten (10) individual beneficiaries who would receive any balance left in Trust B. The Settlor died in March of 1975, and the Settlor's wife died in December of 1976.
In April of 1978, Hamilton Bank, as Trustee for the trusts, filed an account with a proposed schedule of distribution based upon the assumption that Settlor's wife had failed to properly exercise, in her will, her power of ...