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Brown Estate

4 Pa. D. & C.2d 722, 1955 Pa. Dist. & Cnty. Dec. LEXIS 161
CourtPennsylvania Orphans' Court, Westmoreland County
DecidedFebruary 16, 1955
Docketno. 126
StatusPublished
Cited by2 cases

This text of 4 Pa. D. & C.2d 722 (Brown Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown Estate, 4 Pa. D. & C.2d 722, 1955 Pa. Dist. & Cnty. Dec. LEXIS 161 (Pa. Super. Ct. 1955).

Opinion

Copeland, P. J.,

This is a proceeding under the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, as amended, to declare the rights of the parties in an unfunded insurance trust. The settlor was J. Emerson Brown, now deceased. There is no dispute as to the facts and the following facts appear from the petition and answer and from the stipulation of all the parties in interest.

Findings of Fact

1. J. Emerson Brown died, testate, on November 11, 1953, and was survived by his son, James Emerson [723]*723Brown, 3rd, and by Margaret Post Brown, his widow, who is the petitioner in this proceeding. James Emerson Brown, 3rd, is a minor, and Vincent E. Williams, an attorney at this bar, was appointed as his guardian ad litem.

2. Under date of January 22, 1940, the settlor entered into an agreement with the Barclay Westmoreland Trust Company of Greensburg, under which the settlor deposited with the bank certain insurance policies and which agreement provided for disposition of the proceeds of-the policies upon the death of the settlor. By the terms of this agreement, as will more fully appear from the copy thereof attached to the petition, the settlor retained complete control of the insurance policies and the proceeds thereof during his lifetime, and the bank, named as trustee, had no authority whatever during the life of the settlor other than acting as custodian of the policies.

3. The premiums on all policies were paid by the settlor during his lifetime.

4. The agreement of January 22,1940, was amended by a supplemental agreement under date of May 3, 1949, whereby the settlor revoked the provisions for disposition of the proceeds after his death and the supplemental agreement provided for a different disposition, but to the same beneficiaries. The terms of that supplemental agreement appear in full by the copy thereof attached to the answer to the petition.

5. The widow, Margaret Post Brown, by her election duly filed, elected to take against the will of decedent and against the trust.

6. The widow had no known participation in the creation of this original agreement or any amendments thereto.

7. The settlor deposited with the bank the following insurance policies, and disposition of them was made as follows:

[724]*724

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Related

Repici Estate
58 Pa. D. & C.2d 576 (Philadelphia County Court of Common Pleas, 1972)
Henderson Estate
149 A.2d 892 (Supreme Court of Pennsylvania, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
4 Pa. D. & C.2d 722, 1955 Pa. Dist. & Cnty. Dec. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-estate-paorphctwestmo-1955.