In Re Estate of Hewitt

721 A.2d 1082, 554 Pa. 486, 1998 Pa. LEXIS 2711
CourtSupreme Court of Pennsylvania
DecidedDecember 22, 1998
Docket046 W.D. Appeal Docket 1997
StatusPublished
Cited by5 cases

This text of 721 A.2d 1082 (In Re Estate of Hewitt) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Hewitt, 721 A.2d 1082, 554 Pa. 486, 1998 Pa. LEXIS 2711 (Pa. 1998).

Opinions

OPINION OF THE COURT

FLAHERTY, Chief Justice.

When a testator devises a life interest in real estate to a beneficiary who is also the co-executrix of his will, with the remainder following the life estate to be paid outright to [488]*488charities, may the executrix acting with the co-executor sell the fee interest in the real estate and be paid outright for the value of her life estate from the proceeds of the sale, or must the value of the life estate be placed in trust for the benefit of the charitable remaindermen?

Kenneth C. Hewitt was a retired senior vice-president of Mellon Bank’s trust department. He devised to Mrs. Helen M. Colwell, his seventy-four year old friend and companion, a life estate in real property located at 302 Fox Chapel Road (the condominium):

(B) I give to HELEN M. COLWELL, if she survives me by 30 days, for her life, my interest in real property located at 302 Fox Chapel Road, Pittsburgh, Pennsylvania 15238, being Apartment No. 309 in Fox Chapel Mews II; provided, however, that Mrs. Colwell shall advise my Corporate Executor of her election to occupy my apartment within 120 days following my death. Mrs. Colwell may occupy my apartment without bond and without liability for waste; provided, however, that she shall keep such apartment adequately insured, maintained and repaired and shall pay all real estate taxes, water and sewer rents, assessments, carrying charges and similar charges thereon. Upon Mrs. Colwell’s death, or if she should predecease me, upon my death (i) such apartment shall be sold and the net proceeds distributed as part of my residuary estate as set forth in Article III.

Thus, the will provides that upon Mrs. Colwell’s death, the condominium shall be sold and the net proceeds distributed as part of the residuary estate. The residuary estate, in turn, was devised to Mellon Bank as trustee of Mr. Hewitt’s intervivos trust, which was created November 17, 1961 and last amended and restated by him January 2,1991.

Mr. Hewitt’s 1991 amendment to the trust provided that upon decedent’s death, the trustee was to distribute $300,000 to Mrs. Colwell or, if she were not living, $100,000 to each of her three children, and the balance was to be distributed to the Colwell-Hewitt Unitrust. This unitrust is a separate charitable remainder trust to be created at the death of the settlor. It is funded by the balance remaining after satisfac[489]*489tion of all amounts payable under other provisions of the trust, such as the provision mentioned earlier in which Mrs. Colwell is paid $800,000. In addition to the outright bequest of $300,000, Mrs. Colwell was to receive six percent of the market value of the unitrust for her life, and at her death, the charitable remainder unitrust was to terminate and any remaining money was to be paid outright to Princeton University, Harvard University, Mercersburg Academy, Allegheny General Hospital, and East Liberty Presbyterian Church.

Mr. Hewitt died on December 17, 1992. On January 28, 1993, pursuant to the requirement of the will set out above, Mrs. Colwell, acting as the beneficiary of the life estate, notified the corporate executor that she intended to occupy the condominium. Thereafter, on August 17, 1993, Mrs. Col-well, the co-executrix, and Mellon Bank, the corporate executor, sold the condominium in fee simple for $155,000.1 The co-executors then distributed $76,199.55 to Mrs. Colwell on the theory that this sum represented the value of her life estate. The remainder, less taxes and other expenses, was distributed to the unitrust.

After being served with the first and final account of the testator’s estate, the Commonwealth filed objections to the co-executor’s commutation of Mrs. Colwell’s life estate interest. The Commonwealth also objected to the payment of estate and inheritance taxes on this distribution and the calculation of the life estate factor.2 The trial court stated:

The Attorney General argues that decedent did not intend to provide Helen M. Colwell with the option to commute and [490]*490that, since she did not occupy the real estate, insure, or pay real estate taxes and other charges, she never “acceded to any interest in the Fox Chapel property and the proceeds of the sale should pass to the CRUT [charitable remainder trust] as part of the residue of the Hewitt estate, just as if she predeceased the decedent.”

In short, the Commonwealth’s position was that the will requires the entire net proceeds from the sale to be distributed to the testator’s charitable remainder unitrust and prohibits any part of the net proceeds being distributed to Mrs. Colwell.

On October 2, 1995, the orphan’s court entered an opinion and order finding that Mrs. Colwell was not entitled to an outright commutation and ordered her to place the proceeds of the sale which had been distributed her, i.e., $76,199.50, into a separate trust for her benefit during her lifetime, with herself as the trustee, pursuant to Section 6113 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 6113.3 Upon her death, the remaining proceeds were to pass to the charities set out in Mr. Hewitt’s will. The Commonwealth filed exceptions to this order, which were dismissed by the court en banc.

The Commonwealth then appealed to the Superior Court, which, with one judge dissenting, affirmed the order of the trial court. The majority of the Superior Court panel held that the distribution of funds from the sale, $76,199.55 into a separate trust for the use and benefit of Mrs. Colwell, with the remainder of the trust at her death to the charities, and $78,800.05 into the corpus of the unitrust was neither an abuse of discretion nor an error of law. The court found this disposition to be consistent with the testator’s primary concern — to care for Mrs. Colwell and to safeguard the principal which will go to the charities at Mrs. Colwell’s death. In support of this analysis, the majority cited 20 Pa.C.S. § 6113, [491]*491supra. And finally, since the testator’s general intent was satisfied, the majority of the Superior Court panel determined that the alleged negative tax consequences flowing from the sale of the condominium are of no legal significance.

The dissenter in the Superior Court argued that although the will gives Mrs. Colwell a life estate in the condominium, it does not give her any interest in the proceeds from the sale, and it was error to place the proceeds from the sale in a separate trust. Further, the dissenter thought that Mrs. Colwell’s only interest in the proceeds from the sale of the property is in the income generated by these proceeds, payable through the Colwell-Hewitt unitrust. Finally, he agreed with the Commonwealth’s allegation that the sale of the property and the distribution to Mrs. Colwell resulted in almost $40,000 in additional taxes on the estate, and he would require Mrs. Colwell to reimburse the estate in the amount of excess taxes paid due to the sale.

We granted allocatur to examine the lower courts’ treatment of the life estate.

It is axiomatic that the testator’s intent is the polestar which guides our interpretation of a will, and the intent is determined from a consideration of the language within the four corners of the document, and, in an appropriate case, the facts and circumstances surrounding the will’s execution. Estate of Felice, 487 Pa.

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In Re Estate of Hewitt
721 A.2d 1082 (Supreme Court of Pennsylvania, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
721 A.2d 1082, 554 Pa. 486, 1998 Pa. LEXIS 2711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-hewitt-pa-1998.