FLINN ESTATE, 383 Pa. 79 (1955)

118 A.2d 192

Flinn Estate.

Supreme Court of Pennsylvania.September 29, 1955.
November 16, 1955.

Wills — Construction — Future interests — Vested or contingent — Equitable charge — Act of June 29, 1923, P. L. 914.

Where a will provided for payment of income to testator’s son Ralph for life, followed by payments of $4,000 annually to the son’s wife, and also made provision for the son’s children, with the alternative provision “In case my said son shall die without issue, the principal . . ., subject to the yearly payment to my son’s wife . . ., shall go to his brothers and sisters in equal shares; the children of any deceased brother or sister taking . . . the interest of their respective parent”; and it appeared that Ralph died in 1949 without issue, his widow died in 1953, and his brother Rex died in 1950 survived by his daughter, the petitioner; it was Held that (1) upon the death of Ralph, his brother Rex acquired a vested interest in the trust, to which petitioner succeeded upon her father’s death; (2) the award was properly made to Rex’s personal representative rather than directly to the petitioner; (3) the annual payment provided for Ralph’s widow was an equitable charge rather than a life estate; and (4) the Act of June 29, 1923, P. L. 914 had no application to the case.

Argued September 29, 1955. Before STERN, C. J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.

Appeal, No. 224, March T., 1954, from decree of Orphans’ Court of Allegheny County, 1945, No. 1989, in re Estate of William Flinn, Dec’d. Decree affirmed.

Same case in court below: 3 Pa. D. C.2d 738.

Proceeding upon petition of granddaughter of testator to review, set aside, and correct decree of distribution entered upon audit of account.

Order entered dismissing petition, before BOYLE, P. J., COX and RAHAUSER, JJ., opinion by RAHAUSER, J. Petitioner appealed.

Thomas V. Douglass, with him Griggs, Moreland, Blair Douglass, for appellant.

Page 80

John M. Feeney, Jr., with him William F. Knox, and Moorhead Knox, for appellees.

OPINION PFR CURIAM, November 16, 1955:

The decree is affirmed on the opinion of Judge RAHAUSER. Costs to be paid by the appellant.