Carnegie Estate

18 Pa. D. & C.2d 629, 1958 Pa. Dist. & Cnty. Dec. LEXIS 138
CourtPennsylvania Orphans' Court, Allegheny County
DecidedOctober 31, 1958
Docketno. 1510 of 1941
StatusPublished
Cited by1 cases

This text of 18 Pa. D. & C.2d 629 (Carnegie Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Allegheny County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carnegie Estate, 18 Pa. D. & C.2d 629, 1958 Pa. Dist. & Cnty. Dec. LEXIS 138 (Pa. Super. Ct. 1958).

Opinion

Wolk, J.,

Lucy C. Carnegie died on January 16, 1916, a resident of Allegheny County, leaving a last will and testament dated June 15, 1912, and codicils thereto dated January 7, 1913, and May 17, 1913, duly probated and of record,in the office of the register of. wills of said county.

[630]*630By item one of her will, as modified by the codicils, testatrix devised her Cumberland Island real estate in Georgia to trustees for the benefit of her heirs, exclusive of her eldest son, William Coleman Carnegie. Said Cumberland Island trust is still in existence.

By item two of her will, testatrix created the Carnegie Building trust herein involved. Item two provides that as long as the Cumberland Island trust is in existence, the yearly income from the Carnegie Building trust is to be applied for the purposes of the Cumberland Island trust as far as necessary, the trustees of the Carnegie Building trust being directed:

“to pay the surplus of said income, if any, yearly during the life of the trust as to said Island property to my said children then living, and to the children of such of my named children as are then dead, the children of every deceased child taking' their parent’s share.”

Testatrix Was survived by the eight children named in her will, all of whom have since died, except Florence Carnegie Perkins. By the codicils to her will, the provisions as to the Carnegie Building trust were modified with respect to the participation of her son, William Coleman Carnegie, and his family, the effect being to devise a one-eighth interest in fee simple to him, subject to certain conditions which have been fulfilled. The one-eighth share of William Coleman Carnegie in the income and in the proceeds of the sale of the Carnegie Building property has already been distributed. We are here concerned only with the income of the remaining seven-eighths interest in the Carnegie Building Trust.

The Carnegie Building was sold under the Revised Price Act by decree of this court dated October 9,1951, and the net proceeds of this sale, less the one-eighth share which went to the son, William Coleman. Carnegie, constitute the corpus of the Carnegie Building [631]*631trust for which the Peoples First National Bank and Trust Company is successor trustee.

Income from the Carnegie Building trust has been used for the maintenance of the Cumberland Island property from the time of Lucy Carnegie’s death until the present time and it must continue to be so used until the death of Florence Carnegie Perkins, the last surviving child of Lucy C. Carnegie, the said Florence Carnegie Perkins having irrevocably renounced and released her power under the will of Lucy C. Carnegie to request the trustees to sell any of the Cumberland Island property.

The excess income from the Carnegie Building trust has been paid to the children of Lucy C. Carnegie and to the children of deceased children except in two instances. The first resulted from the death of Oliver G. Ricketson, Jr., on October 17, 1952, who was a son of Lucy C. Carnegie’s daughter, Margaret Carnegie Ricketson. Margaret Carnegie Ricketson died on November 24, 1927. The second resulted from the death of Thomas M. Carnegie, Jr., on July 19,1954, who was a son of Lucy C. Carnegie’s son, Thomas Morrison Carnegie. Thomas Morrison Carnegie died on September 22, 1944. Both Oliver G. Ricketson, Jr., and Thomas M. Carnegie, Jr., were receiving a share of the excess income of the Carnegie Building trust at the time of their deaths.

Both Oliver G. Ricketson, Jr., and Thomas M. Carnegie, Jr., were survived by children, great-grandchildren of Lucy C. Carnegie. The children of Oliver G. Ricketson, Jr., are Mary Baylis Ricketson, Margaret C. R. Sprague and Oliver G. Ricketson, 3rd. The children of Thomas M. Carnegie, Jr., are Thomas M. Carnegie, 3rd, and Andrew Carnegie, 3rd.

By decree of this court dated March 30, 1955, the share of the excess income of Oliver G. Ricketson, Jr., and the share of the excess income of Thomas M. Car[632]*632negie, Jr., was awarded to their children, said children being great-grandchildren' of Lucy C. Carnegie. Briefs were filed on behalf of the great-grandchildren only. No opinion of the court was filed and no exceptions were filed to the decree of the court and distribution was made in accordance with said decree.

Carter B. Carnegie, the only other child of Thomas Morrison Carnegie, died on August 28, 1957, survived by his widow, Gertrude P. Carnegie and an adopted son, Henry Carter Carnegie, both of whom are alive. Carter B. Carnegie had been receiving one-tenth of the excess income from the Carnegie Building trust at the time of his death.

It is conceded by the parties that under the law applicable to this case, the adopted son, Henry Carter Carnegie, is not to be considered as an issue of Carter B. Carnegie.

The third account of the successor trustee, which is before this court for audit, discloses there is excess income presently distributable. The accountant has requested that only $5,000 of this excess income be distributed at this time. One-tenth thereof or $500 is claimed by Gertrude P. Carnegie, as the executrix under the will of her husband, Carter B. Carnegie, or by her as the sole legatee under his will. Letters testamentary were granted to Gertrude P. Carnegie under the name of Polly Carnegie.

This claim is opposed by Thomas M. Carnegie, 3rd, and Andrew Carnegie, 3rd, the children of Thomas M. Carnegie, Jr., who was a brother of Carter B. Carnegie. We have before us a claim for the one-tenth share .of this excess income by two of the great-grandchildren of Lucy C. Carnegie as against the estate of Carter B. Carnegie, a grandchild.

A stipulation was filed at the hearing of this matter concerning the time of birth of all of the grandchildren of Lucy C. Carnegie: This stipulation indicates that [633]*63312 grandchildren were born previous to the execution of the will and codicils of Lucy C. Carnegie and were alive at her death, and two grandchildren were born subsequent to her death. There were no great-grandchildren born at the time of Lucy C. Carnegie’s death.

The question involved is: When testatrix directed that the surplus income, if any, from the Carnegie Building trust should be paid “yearly during the life of the trust as to said Island property to my said children then living, and to the children of such of my named children as are then dead, the children of every deceased child taking their parent’s share,” and one of the children of a deceased child, being a grandchild of testatrix, dies without issue, leaving to survive him children of a deceased brother, being great-grandchildren of testatrix, did testatrix intend that the said great-grandchildren should participate in such income distribution to the exclusion of the estate of the said grandchild dying without issue?

While it has been stated in many decisions that a bequest to “children” will not be given the broad interpretation of “grandchildren” or “issue”, this is not true where the general plan of testator in his will indicates a family distribution among lineal descendants: Campbell’s Estate, 202 Pa. 459 (1902); Disston Estate, 349 Pa. 129 (1944); Clark Estate, 359 Pa. 411 (1948).

The intention of a testator is the polar star in the construction of wills and that intention is to be gathered from the whole will and is not limited to any particular clause: Mulert Estate, 360 Pa. 356 (1948).

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Related

Carnegie Estate
155 A.2d 349 (Supreme Court of Pennsylvania, 1959)

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Bluebook (online)
18 Pa. D. & C.2d 629, 1958 Pa. Dist. & Cnty. Dec. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnegie-estate-paorphctallegh-1958.