In re Estate of Stover

23 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 198
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedMarch 29, 1995
Docketno. 55483
StatusPublished

This text of 23 Pa. D. & C.4th 193 (In re Estate of Stover) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County 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 Stover, 23 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 198 (Pa. Super. Ct. 1995).

Opinion

SOKOLOVE, J.,

Pursuant to a settlement agreement among the interested parties, we entered a partial adjudication on January 5, 1994 of the first and final account of Milton D. Harte, admin[194]*194istrator d.b.n.c.ta. of the estate of Clara H. Stover. Three issues remained outstanding for our resolution: (1) Whether the Quakertown United Methodist Church, formed as the result of the consolidation of two residuary beneficiaries, is entitled to share in the residuary trust created by the decedent’s will and, if so, in what proportion; (2) Whether the second attorney for the administrator is entitled to counsel fees from the estate; and (3) Whether counsel for the charitable residuary beneficiaries are entitled to fees from the estate. The parties have stipulated to the relevant facts and have submitted memoranda of law. We enter this adjudication to decide these remaining issues.

FINDINGS OF FACT

(1) The decedent, Clara H. Stover, died on February 22, 1963, leaving a last will and testament dated July 10, 1962, which was admitted to probate by the Bucks County Register of Wills on February 28, 1963.

(2) The decedent disposed of the residue of her estate in item 29 of her will, which provided as follows:

“ITEM 29. All the rest, residue and remainder of my estate and the proceeds of the sale thereof, I give, devise and bequeath unto my trustee hereinafter named, in trust, nevertheless, to invest and reinvest and to pay the net income arising therefrom at least annually, and more often if expedient and practical to do so, to the Bethany Orphans Home at Womelsdorf, Phoebe Home at. Allentown, the Board of Ministerial Relief under the Reformed Church in the U.S., the trustees of St. Stephen’s Reformed Church at Perkasie, Pennsylvania, the Evangelical United Brethren Church at Quakertown, the Methodist Episcopal Church at Quakertown, and the Grandview Hospital, Sellersville, Pennsylvania, share and share alike. In the event that any of the chari[195]*195table institutions named shall become dissolved or cease to operate, I direct the said annual income of said trust fund shall be divided, share and share alike, among the ones remaining.”

(3) Bethel United Evangelical Church of Quakertown was officially formed on December 13, 1897.

(4) Bethel United Evangelical Church of Quakertown became associated with the national Evangelical Church, which resulted from the 1922 merger of the Evangelical Association and the United Evangelical Church.

(5) Bethel United Evangelical Church of Quakertown, in either 1933 or 1946, became Bethel Evangelical United Brethren Church of Quakertown when the Evangelical Church merged with the United Brethren in Christ.

(6) The Quakertown Methodist Episcopal Church was officially formed on September 20, 1872 and changed its name to the Quakertown Methodist Church in 1948 when it became affiliated with the national Methodist Church.

(7) On April 23, 1968 the National Conference of the Evangelical United Brethren Church and the National Conference of the Methodist Church merged to form the United Methodist Church.

(8) As a result of the national merger, Bethel Evangelical United Brethren Church of Quakertown changed its name to Bethel United Methodist Church of Quakertown, and the Quakertown Methodist Church changed its name to First United Methodist Church of Quakertown.

(9) The two churches operated completely separate until 1980, when the Eastern Pennsylvania Annual Con[196]*196ference of the United Methodist Church appointed one minister to serve both congregations.

(10) As of December 1983, Bethel United Methodist Church had a membership of approximately 191, and First United Methodist Church had a membership of approximately 341.

(11) In May 1984 the congregations of the two churches properly voted to consolidate into one congregation, to be known as the Quakertown United Methodist Church. The members of each congregation automatically become members of the new congregation.

(12) On November 8, 1984, the officers of Bethel United Methodist Church and First United Methodist Church signed articles of consolidation, which were duly filed, along with a plan of consolidation, with the Pennsylvania Department of State. The registered office of the consolidated corporation was the address of the former First United Methodist Church. The plan of consolidation stated that the “Corporation shall be organized and operated as a non-profit corporation for purposes exclusively religious, charitable, literary and educational..., and in furtherance thereto the corporation shall, inter alia; support and promote public worship and benevolences according to the faith and usage of The United Methodist Church. ...”

(13) Quakertown United Methodist Church had approximately 526 members as of December 1984 and approximately 492 members as of December 1985.

(14) The record membership of Quakertown United Methodist Church dropped by 57 members to 435 as of December 1986, primarily because of the departure of some members of the former Bethel United Methodist Church upon the consolidation.

[197]*197(15) In early 1987, the property of the former Bethel United Methodist Church was sold.

(16) Quakertown United Methodist Church had approximately 461 members as of December 1987.

(17) The property of the former First United Methodist Church, where the consolidated congregation had continued to meet temporarily, was sold in 1988, and the Quakertown United Methodist Church relocated to a new property on Freier Road in Milford Township, Pennsylvania.

(18) The executor named in the decedent’s will and appointed by the register of wills died before completing the estate administration. Letters of administration d.b.n.c.t.a. were then granted to Milton D. Harte on July 19, 1965.

(19) Mr. Harte did not finalize the estate administration in a timely and appropriate fashion.

(20) Nothing occurred on the record in this matter until September 28, 1987, more than 24 years after the decedent’s death and 22 years after Mr. Harte’s appointment, when Mr. Harte’s prior attorney filed a petition for counsel fees and for leave to withdraw. The petition alleged that the attorney had tried for many years to obtain the necessary information from Mr. Harte so as to prepare an account but that Mr. Harte had been uncooperative.

(21) Another attorney filed an answer on behalf of Mr. Harte to the petition.

(22) Thereafter, on January 14, 1988, attorney P.J. DiQuinzio entered his appearance for Mr. Harte.

(23) Mr. DiQuinzio filed a first and final account of the estate’s administration, stated to December 31, 1987, on August 24, 1988.

[198]*198(24) The account showed principal receipts of $155,753.11, with a net gain on sales or other dispositions of $63,399.80, for a gross estate of $219,152.91. The principal consisted primarily of cash and securities, along with one piece of real estate.

(25) The account showed that $7,000 had been paid in executor’s commissions to F.W. Conrad, $3,059.66 had been paid in administrator’s commissions on income to Mr. Harte and $2,750 had been paid in counsel fees to the prior attorneys representing the estate.

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Bluebook (online)
23 Pa. D. & C.4th 193, 1995 Pa. Dist. & Cnty. Dec. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-stover-pactcomplbucks-1995.