Hoopes Estate
Hoopes Estate
Opinion of the Court
Opinion by
This appeal involves an interpretation of the following provision of testatrix’s will: “. . . that the school board shall hold this fund, retaining the stock if it so desires, shall invest and re-invest the principal, and use the net income each year for a
The original testamentary trustee awarded the total net income available June 30, 1958 in the sum of $540.04 to Charles A. Philips. For the years 1959, 1960 and 1961 the original trustee by resolution provided that the net income in each of those years should be equally divided between 2 and 3 and 4 respective recipients. The Orphans’ Court agreed with the substituted trustees that a construction of decedent’s will was a matter for the Court and that its construction would prevail over any construction by a trustee. The
The order is affirmed on the memorandum opinion of President Judge van Roden; each party to pay their respective costs.
Italics ours.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.