Park's Estate

Supreme Court of Pennsylvania
Park's Estate, 173 Pa. 190 (Pa. 1896)
33 A. 884; 1896 Pa. LEXIS 681
Dean, Fell, McCollum, Mitchell, Sterrett

Park's Estate

Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This case was before the orphans’ court M banc on exceptions to the decree of the learned auditing judge, in which he hold *199“ that the net profits realized from the sales of the Adams and McKelvy properties belong to the corpus of the trust estate,” and thereupon dismissed appellant’s exceptions to the surviving trustee’s account and confirmed the same absolutely. The court being equally divided in opinion as to the controlling question before it, neither of the exceptions was sustained, and hence the decree of the auditing judge stood as the final decree of the court below. From that decree this appeal was taken, and the main question here, as in the court below, is what, under the facts of the case, properly constitutes “ income and profits,” and what “ principal.” That question has been so thoroughly considered and so satisfactorily solved by the learned president of the orphans’ court in bis dissenting opinion, that for reasons therein given we are all satisfied the court erred in bolding as it did.

Tbe decree is therefore reversed, with costs to be paid by appellant, and it is ordered that tbe record be remitted, with instructions to correct tbe surviving trustee’s account in accordance with said dissenting opinion.

Reference

Full Case Name
David E. Park's Estate. Margaretta P. Leech's Appeal
Cited By
17 cases
Status
Published
Syllabus
Wills — Legacy—Income — Profit try a, resale of principal of estate — Remainder-man. Testator by his will devised and bequeathed the residue of his estate, both real and personal, to his executors in trust, “to receive and collect the rents of the real estate hereby devised to them in trust, and the income and profits of the personal estate, hereby bequeathed to them in trust.... to pay the residue of the net income arising from said real and personal estate, held by them in trust,” into the hands of his daughter, yearly and every year during her natural life, the corpus of the estate to be paid to her children after her death. Held, that a profit realized by foreclosure of a mortgage and a resale of the property bought in by the trustees, was “ income and profits ” within the meaning of the will and belonging to testator’s daughter, and not to the remainder-man. The gift being general gave the remainder-man no title to any specific property, but implied conversion into cash which referred the value of the corpus to the date of the testator’s death.