Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ESTATE CATHERINE M. TAYLOR. APPEAL CHRISTINA M. SMELTZER (03/18/87)

filed: March 18, 1987.

ESTATE OF CATHERINE M. TAYLOR. APPEAL OF CHRISTINA M. SMELTZER


Appeal from the Order entered April 18, 1986, Court of Common Pleas, Adams County, Orphans' Court Division at No. OC-133-85.

COUNSEL

Robert B. Manchester, Bellefonte, for appellant.

Samuel M. Raffensperger, Gettysburg, for appellee.

Wieand, Montemuro and Johnson, JJ.

Author: Johnson

[ 361 Pa. Super. Page 397]

On October 10, 1979, Catherine M. Taylor and her husband, Robert B. Taylor executed basically identical agreements of trust with an accountant. The distribution provisions of those respective agreements provided that:

In the event the assets of Settlor's probate estate or the probate estate of Settlor's husband, Robert B. Taylor, are insufficient to pay out the specific monetary bequests set forth in the last will and testament of Settlor, or the last will and testament of Settlor's husband, Robert B. Taylor, or any codicils thereto, Settlor directs that Trustee, after the death of Settlor, her husband, Robert B. Taylor, and the said Gladys D. Henzler, shall pay to the said legatees the amounts of the legacies set forth in said last will and testament (the last to die as between Settlor and her husband) or any Codicils thereto, to the extent that probate assets were insufficient for that purpose.

Trust Agreement of Catherine M. Taylor, dated October 10, 1979 Section 5 para. E.

On March 29, 1982 Catherine Taylor executed an amendment to the First Agreement dated October 10, 1979. The amendment provided that:

In the event the assets of Settlor's probate estate or the probate estate of Settlor's husband, Robert B. Taylor, are insufficient to pay out the specific monetary bequests set forth in the last will and testament of Settlor, or the last will and testament of Settlor's husband, Robert B. Taylor, or any Codicils thereto, Settlor directs that Trustee, after the death of Settlor, her husband, Robert B. Taylor, and the said Gladys D. Henzler, shall pay to the said legatees the amounts of the legacies set forth in the last will and testament of the Settlor or the same legacies as set forth in the last will and testament of Settlor's husband, Robert B. Taylor, or any Codicils thereto, to the extent that probate assets were insufficient for that purpose, it being the intention of Settlor that only one set of those legacies be paid, either from Settlor's estate or

[ 361 Pa. Super. Page 398]

    from the the estate of Settlor's husband, Robert B. Taylor.

Amendment to Trust Agreement of Catherine M. Taylor dated March 29, 1982. Robert Taylor also executed an identical amendment to his trust ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.