Harty Estate

5 Pa. D. & C.4th 138, 1989 Pa. Dist. & Cnty. Dec. LEXIS 52
CourtPennsylvania Orphans' Court, Bucks County
DecidedSeptember 6, 1989
Docketno. 55744
StatusPublished

This text of 5 Pa. D. & C.4th 138 (Harty Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harty Estate, 5 Pa. D. & C.4th 138, 1989 Pa. Dist. & Cnty. Dec. LEXIS 52 (Pa. Super. Ct. 1989).

Opinion

SOKOLOVE, J.,

William Edward Harty Jr., the executor of the estate of his late father, William E. Harty, has filed a petition for declaratory judgment pursuant to 42 Pa.C.S. §7535 for direction in the administration of the estate. The executor has asked us to make the following determinations: (1) Whether the decedent’s widow, Aurora C. Harty, was a slayer under 20 Pa.C.S. § §8801 et seq. and, therefore, prohibited from benefiting from decedent’s death; (2) If the widow is deemed to be a slayer, whether certain trusts created by the decedent become nullities; (3) If the trusts are nullities, whether all of decedent’s assets should be administered by the executor; and (4) How the real estate which was owned by the decedent and his widow as tenants by the entireties should be treated. Because the practice and procedure for a declaratory judgment follows the rules governing an action in equity, Pa.R.C.P. 1601(a), we enter this adjudication.

[140]*140FINDINGS OF FACT

(1) William E. Harty died on February 12, 1987 as the result of stab wounds inflicted by his wife, Aurora C. Harty.

(2) Decedent was survived by his wife, Aurora C. Harty, and three sons, William Edward Harty Jr., Christopher Harty and Richard Harty, all of whom are adults.

(3) Decedent died testate, and his will, dated September 20, 1982, was admitted to probate before the Register of Wills of Bucks County, Pennsylvania, on March 2, 1987.

(4) In accordance with decedent’s will, William Edward Harty Jr. was appointed executor of decedent’s estate.

(5) The executor filed an inventory and appraisement of decedent’s estate, showing assets, all of which were personal property, of $361,407.25.

(6) The following accounts listed on the inventory were individual retirement accounts (IRAs), naming Aurora C. Harty as the primary beneficiary:

Fidelity Puritan Fund
Account 004-0260925979 $46,004.40
Vanguard Group
Account 979843463-3 2,387.84
Oppenheimer High Yield Fund
Account 2800652157 18,600.00
Guarantee First Trust
Account 00-3341-3 60,000.00

(7) In addition to the assets set forth in the inventory, decedent owned certain real estate located at 62 Upland Road, Leyittown, Bucks County, Pa., by the entireties with his widow, Aurora Hardy.

(8) Decedent also owned joint accounts with his widow in the following approximate amounts:

[141]*141RCA Federal Credit Union H o 00
Home Unity Savings & Loan O o O
Vanguard (IRA) to o O

(9) Decedent’s will, which was admitted to probate, was dated September 20, 1982 and contained, in pertinent part, the following:

“Second: Specific Bequests and Devises
“(A) I give all of my tangible personal property, including any automobiles, together with all insurance on such property, to my wife, Aurora C. Harty, if she survives me by 30 days; otherwise, I give such property to such of my children as survive both my wife and myself to be divided among them as they shall agree, my executor to represent children under the age of 21 years in such division. Should there be no agreement, such property shall be divided among them as my executor, in its sole discretion, shall determine. Any of such property to which a child under the age of 21 years thus becomes entitled may be delivered, without bond, to the person taking care of such child at such time as my executor, in its sole discretion, shall determine, and the receipt of such person shall be a complete release of my executor. Any of such property to which a child under the age of 21 years would become entitled and which my executor thinks unsuitable for such child’s use may be sold and the proceeds thereof added to my residuary estate.
“Third: Dispositive Provisions
“If my wife survives me (and for the purpose of this article she shall be deemed to have survived me if the order of death of my wife and myself cannot be established by proof) I give, devise and bequeath the entire residue of my estate to the trustee hereinafter named to administer as follows:
[142]*142“(A) Commencing from the date of death, and during the lifetime of my said wife —
“(a) All of the net income therefrom shall be paid to her in quarterly or other convenient installments, but at least annually, and so much of the principal as she may from time to time, or at any time, request in writing.
“(b) Trustee may pay to or apply for her use so much of the principal of this trust as trustee may in its discretion deem proper for her welfare, comfort, health and support.
“(B) Upon the death of my said wife, trustee shall, after distributing the sum of $5,000 to my mother-in-law, Aurora Grande, if she survives, continue in trust any remaining principal together with all income accrued and unpaid, to the date of her death for the benefit of my son, Christopher Harty, during his lifetime, and all income and so much principal thereof as my trustee in its discretion may from time to time deem proper for the health, maintenance and support of my said son.
“(C) Upon the death of my son, Christopher, any remaining principal shall be paid to my son, William Harty, or in the event he does not survive, to the persons who would be entitled to inherit from me under the intestate laws of Pennsylvania then in existence as if I had then died intestate, unmarried and without issue.
“(D) My son, Richard Harty, is not herein provided for because of any lack of affection for him, but rather because he has been provided for during my lifetime.”

(10) Decedent’s will contained no direction for the disposition of the residue of the estate in the event Aurora C. Harty failed to survive the decedent.

(11) The decedent executed an indenture of trust on April 27,1970 to create a trust which was to hold [143]*143certain life insurance policies payable to the trustee of the trust as primary or contingent beneficiary and any additional inter vivos transfers made by decedent. The trust income and principal was payable to decedent at his discretion during his lifetime. The trust instrument contained the following provisions, in pertinent part, to take effect upon decedent’s death:

“Second: Dispositive Provisions at my Death
“If my wife, Aurora C. Harty, survives me, trustee shall apportion all assets in or becoming a part hereof between two separate trusts to be known as Trust ‘A’ and Trust ‘B,’ such apportionment being by fractional shares which shall be determined upon the basis of the final Federal Estate Tax values. In the distribution of residue to said Trust ‘A’ and Trust ‘B’ any fluctuation in the value thereof pending such distribution, shall be equitably and ratably apportioned.
“(A) Marital Deduction Trust

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Bluebook (online)
5 Pa. D. & C.4th 138, 1989 Pa. Dist. & Cnty. Dec. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harty-estate-paorphctbucks-1989.