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08/29/97 ESTATE CARL L. CAMPBELL APPEAL CHARLOTTE

August 29, 1997

ESTATE OF CARL L. CAMPBELL; APPEAL OF: CHARLOTTE A. BRONNER; ESTATE OF CARL L. CAMPBELL; APPEAL OF: LUCY C. CAMPBELL


Appeal from the Decree in the Court of Common Pleas of York County, Orphans Court Division, No. 67-91-824. Before MILLER, J.

Before: Tamilia, J., Hudock, J. and Cercone, P.j.e. Opinion BY Tamilia, J.

The opinion of the court was delivered by: Tamilia

OPINION BY TAMILIA, J.:

Filed August 29, 1997

These are cross-appeals filed from the decree entered at the time of the October 22, 1996 Order dismissing both parties' exceptions and making final the November 10, 1992 adjudication and decree nisi disposing of the assets of the estate of Carl L. Campbell. The relevant facts have been set forth by the trial court as follows.

Carl L. Campbell [hereinafter "Decedent"] died on June 15, 1986, in Shrewsbury Township, York County, Pennsylvania. Decedent was survived by his widow, Charlotte A. Campbell, now Charlotte A. Bronner, and his daughter, Lucy C. Campbell. No Last Will and Testament for Decedent was ever found, and no estate was opened until June 19, 1991, when Charlotte Bronner was granted Letters of Administration by the Register of Wills of York County, Pennsylvania.

Decedent and Charlotte Bronner were married September 8, 1977, and at the time of Decedent's death on June 15, 1986, he and Charlotte Bronner resided at 18 Magnolia Circle, Shrewsbury Township, York County, Pennsylvania. Mrs. Bronner continued to reside in the marital home and remains in possession to the present time.

By an instrument designated "Quit Claim Deed," dated October 19, 1982, and recorded in the Office of the Recorder of Deeds of York County, Pennsylvania, ... Decedent conveyed the marital residence to himself as Trustee. Also on October 19, 1982, Decedent executed a Declaration of Trust wherein he declared that he held the marital residence in trust for the use and benefit of his daughter, Lucy Campbell, or, if Lucy Campbell be not surviving, for the use and benefit of his wife, Charlotte Campbell (now Charlotte Bronner)....

Approximately one year later, on October 24, 1983, Decedent executed a Deed of Trust wherein he designated himself Settlor and Lucy Campbell, his daughter, Trustee. In this instrument Decedent stated that he desired at death to leave certain property in trust in accordance with the terms of an attached "Schedule A." Decedent specifically enumerated on this Schedule A the following assets: 1) IRA [individual retirement account] Account at SECU [State Employees' Credit Union]; 2) Shares Accounts at SECU; 3) Massachusetts Investors Trust Shares at Massachusetts Services Financial Center; 4) Investment Account at Savings Bank of Baltimore, Hunt Valley Branch; and 5) Deed to 18 Magnolia Circle, Shrewsbury Township, York County, Pennsylvania.

Decedent made several provisions for his spouse, Charlotte Bronner, in the Deed of Trust as set forth in the aforementioned Schedule A. Specifically, Decedent directed as follows:

1. The remaining balance of the income from the Trust [after expenditures for property taxes, maintenance, and repairs, and for trustees fees] is to be remitted to my spouse Charlotte in a monthly rythm [sic] as the income is received as long as she remains unmarried.

2. When my spouse Charlotte receives her Social Security Pension fifty (50) percent of the income referred to above is to be paid to her as long as she remains unmarried and the remaining fifty (50) percent is to be paid to the Trustee Lucy C. Campbell.

3. If Charlotte does not choose to make 18 Magnolia Cir her home it is to be sold and twelve (12) percent of the NET PROCEEDS is to be paid to Charlotte representing her original contribution to its cost....

4. If Charlotte does remarry 18 Magnolia Cir is to be sold and twelve (12) percent of the NET PROCEEDS is to be paid to Charlotte as above and ...


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