Hocke Trust

16 Pa. D. & C.3d 94, 1980 Pa. Dist. & Cnty. Dec. LEXIS 273
CourtPennsylvania Court of Common Pleas, Crawford County
DecidedAugust 11, 1980
Docketno. 228 of 1979
StatusPublished

This text of 16 Pa. D. & C.3d 94 (Hocke Trust) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Crawford County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hocke Trust, 16 Pa. D. & C.3d 94, 1980 Pa. Dist. & Cnty. Dec. LEXIS 273 (Pa. Super. Ct. 1980).

Opinion

WALKER, J.,

This dispute concerns exceptions to the first and partial account and statement of proposed partial distribution of the Northwest Pennsylvania Bank & Trust Company, trustee under an inter vivos life insurance trust created by James N. Hocke. The opposing parties are Jean. L. Waters, daughter of the decedent/settlor, as, income beneficiary, and her children, Ronald Waters, Debbie Muroskey, Jack C. Waters and Susan Kroh, remainder beneficiaries, (hereinafter collectively referred to as Waters) on the one hand, and Shirley Hope, stepdaughter of the decedent/settlor (hereinafter Hope), on the other.

On August 17, 1962 James N. Hocke entered into a standard unfunded insurance trust with the Northwest Pennsylvania Bank & Trust Company as trustee and on the following day executed his last will and testament with the residue of his estate distributed by a pour-over clause to the insurance trust. At the time of the execution of the original will and trust, Mr. Hocke was a widower and had one child and several grandchildren. On June 29, 1963 James N. Hocke married Luceil Hocke. The original dispositive provisions of the trust gave a life income to his daughter, Jean L. Waters, with a [96]*96remainder interest to his grandchildren and the issue of deceased grandchildren.

On February 4, 1967, several years after his marriage, the settlor of the trust amended it by creating a life estate in his wife, Luceil M. Hocke, preceding the life estate in his daughter but continuing the life estate for the daughter after his wife’s death and continuing the provisions for his grandchildren as remaindermen.

Early in June of 1973, Mr. Hocke had physical problems which prompted him to consult his physician. The local physician referred him to a specialist at St. Luke’s Hospital in Cleveland and on or about June 20, 1973 Mr. Hocke was admitted to St. Luke’s Hospital for test and diagnostic work. On June 23, 1973 while in the hospital, the settlor executed a holographic instrument which is the subject matter of this controversy. That instrument was found in his suit coat pocket after his death. Since the language of the instrument is important the full text of it is attached to this opinion as Appendix A.

On June 26, 1973, while still hospitalized, the settlor suffered a massive heart attack and was transferred to the intensive care unit of the hospital where he died on June 29, 1973. The instrument of June 23, 1973 was accepted and probated as a codicil to the settlor’s will and in the accounting of his estate given effect as such. The Northwest Pennsylvania Bank & Trust Company was both executor of the Hocke estate and trustee under the Hocke insurance trust. Since settlor’s residuary estate passed under the codicil, it effectively terminated the pour-over provisions of the original will and no assets flowed from the decedent’s probate estate to the trust. The trust is, therefore, funded [97]*97solely by life insurance proceeds and certain retirement and profit-sharing benefits from Talon Division of Textron, Mr. Hocke’s employer.

Decedent’s widow took against the will and codicil and in the final account of Mr. Hocke’s probate estate distribution was made accordingly to the widow on the basis of her intestate share and the balance to Jean L. Waters and Shirley A. Hope in the proportions specified in the June 23, 1973 writing. Under the theory of either protagonist in this proceeding, the insurance trust continued for the benefit of his widow during her lifetime. Luceil Hocke died June 4, 1975. Upon her death either the trust was terminated and distribution in fee should be made to Jean L. Waters and Shirley A. Hope in a proportion of two-thirds and one-third, or the trust continued for the lifetime of Jean L. Waters terminating at her death with distribution to her children and the issue of any deceased children. For reasons not readily apparent, the present account was not filed until October 3, 1979, something over four years after the death of Luceil Hocke.

The accountant has proposed distribution in accordance with the original trust agreement as amended February 4, 1967 with accumulated income from the date of death of Luceil Hocke passing to Jean L. Waters and the principal to the accountant as trustee under the continuing inter vivos trust. Hope asserts that the writing of June 23, 1973 should be treated as a codicil to the will and as an amendment of the trust instrument and that, therefore, upon the death of the widow who was the life beneficiary, distribution should be made to Mrs. Waters of two-thirds of the estate and to Mrs. Hope of one-third of the estate.

Waters argues that the resolution of this case is [98]*98dictated by the principle that a trust agreement which provides a method of amendment can only be amended by compliance with the terms of the trust agreement relating to amendment. This principle was last enunciated in In Re Trust Agreement of Kaufmann, 460 Pa. 24, 331 A. 2d 209 (1975). The language contained in the Kaufmann trust regarding amendment is identical word for word with the language of the trust agreement here under consideration lending credence to the belief that both were copied from the same form book. In Kaufmann the court held that since there was no delivery of the attempted amendment to the trustee in accordance with the terms of the trust instrument, the amendment was ineffective.

Waters also argues that the settlor’s intent is not relevant to our consideration citing Kaufmann, supra, and Berks County Tuberculosis Society Appeal, 418 Pa. 112, 208 A. 2d 857 (1965). The latter case applies the longstanding principle that where there is no ambiguity in the words of an instrument, extrinsic evidence as to the intent of the testator or settlor cannot be used to change the clear meaning of the words contained in the instrument. Kaufmann in like manner holds that extrinsic evidence could not be offered to assist the court in determining the settlor’s intent where the words of a trust agreement were unambiguous. The words, “Intent in such cases is immaterial,” should not be read literally and out of context: Kaufmann, supra, at 29. These cases do not hold that the intent of the testator/settlor is not important to the court. On the contrary, they hold that where the instrument is not ambiguous the intent of the settlor or testator must be determined from the instrument itself and not from extrinsic evidence as to intent. In the instant [99]*99case we see no ambiguity in any of the instruments and we would thus agree that extrinsic evidence of his intent has no bearing on the resolution of the problem. However, his intent as gleaned from the instruments themselves has every bearing on the decision.

The authorities are legion concerning the general principle that a testator’s intent is the polestar of all interpretation of wills and trusts. In Carter Estate, 435 Pa. 492, 496-97, 257 A. 2d 843 (1969), the court said:

“The law and the legal principles governing the interpretation of wills is well settled. . . .

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Bluebook (online)
16 Pa. D. & C.3d 94, 1980 Pa. Dist. & Cnty. Dec. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hocke-trust-pactcomplcrawfo-1980.