Atlee Estate
Atlee Estate
Opinion of the Court
Opinion by
W. L. Atlee (decedent), a Delaware County resident, died testate, on December 15, 1958 and letters testamentary were issued to James L. Rankin.
Only two paragraphs — paragraphs 10 and 13 — of decedent’s will are presently pertinent. In paragraph 10, decedent gave to the Third Presbyterian Church of Chester, Pa. (Church), “a full ten percent of all the residue of [his] estate” stating that this bequest “shall be void in the event that 1 am not a- member of said Church at the time of my decease, and it shall also be void in the event that said church as of the date of my
Paragraph 11 provides that: “In the event that the bequest contained in [paragraph 10] to the [Church] shall become void, I direct that the said ten percent of the residue of my estate . . . shall be given to and equally divided among Toccoa Falls Bible Institute . . ., the Fuller Seminary . . . and Presbyterian Children’s Village____”
The executor filed his first and final account in the Orphans’ Court of Delaware County which was audited on November 2, 1959. At the time of audit, the court was informed of the undisputed facts that decedent at the time of his death was a member of the Church and that the Church Avas holding regular church services at its location on the north side of Ninth Street between Upland and Potter Streets, Chester. On November 23, 1959 the court confirmed nisi the account and awarded, inter alia, 10% of the residue of the estate to the Church in accordance with paragraph 10. No exceptions were filed to that account and, on December 8, 1959, the account was confirmed absolutely.
On February 15, 1960, the executor filed a petition to amend the adjudication wherein he sought to cancel and revoke that part of the adjudication which had made an award of the bequest to the Church. The basis
On or about April 24, 1961, Toccoa Falls Institute filed an appeal to this Court. On October 27, 1961 appellees (the Church, the Commission and the Presbytery) filed a motion to quash the appeal. On November 3, 1961 we directed that such motion be heard at the time of oral argument on the merits.
' The motion to quash this appeal is based primarily on two grounds: (1) Toccoa Falls, the sole appellant, has no standing to appeal; (2) the matter in controversy is moot.
Wherein does this appellant have a standing to appeal? Appellant, Fuller Seminary and Presbyterian Children’s Village are given, under paragraph 11, ten percent of the residue of this estate only in the event that the bequest to the Church in paragraph 10 “shall become void”. When does such bequest become void? To the solution of that problem we need turn to no dictionary definition of the word “void” because the decedent has clearly and explicitly delineated when the bequest under paragraph 10 shall become “void”. Decedent states in paragraph 10 that the bequest to the Church “shall be void” if, at the time of his death, either he is not a member of the Church or the Church is not at the same location as at the time of execution of the will. Concededly, decedent was a member of the Church and the Church was at the same location, there
Appellant, however, argues, that, since the Church “rejected” the bequest, such “rejection” rendered the bequest “void”. Such equation of “void” with “rejection” is in direct contravention of the terms and prolusions of the will and without merit. Furthermore, if the court below had found or if this Court should determine that the Church, by a duly constituted and appropriate body, had rejected and refused to accept this bequest, such bequest could not be awarded to the alternative legatees, including the appellant. Instead, however, the court would have had to order the distribution of the bequest “for a charitable purpose in a manner as nearly as possible to fulfill the intention of [decedent], whether his charitable intent be general or specific”: Estates Act of 1947, Act of April 24, 1947, P. L. 100, §10, 20 PS §301.10. Under any theory, therefore, appellant has no standing to prosecute this appeal.
Moreover, the executor Laving paid the bequest to the Church and having received a satisfaction showing the payment of said bequest in accordance with the direction of the court, the controversy is now moot.
Appeal dismissed. Each party to bear own costs.
Concurring Opinion
Concurring Opinion by
I would hold:
(1) that Toccoa Falls Institute was an aggrieved party, (2) that it had a right and a standing to appeal, (3) that the question was not moot and the appeal should not be quashed, and (4) I would affirm the decree of the Orphans’ Court.
Reference
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