Quigley Estate

3 Pa. D. & C.2d 437
CourtPennsylvania Orphans' Court, Philadelphia County
DecidedJuly 1, 1955
Docketno. 109 of 1934
StatusPublished

This text of 3 Pa. D. & C.2d 437 (Quigley Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quigley Estate, 3 Pa. D. & C.2d 437 (Pa. Super. Ct. 1955).

Opinion

Hunter, J., Auditing Judge.

This trust arose under paragraph 3 of the will of James J. Quigley, who [438]*438died on May 12, 1933, whereby testator bequeathed $25,000 to his trustees therein named, in trust, to pay the net income therefrom to his daughter, Mary V. Logan, for life.

The accounting is of the fund awarded to the accountant in trust for Mary V. Logan by the adjudication of Sinkler, J., filed on March 2,1934, and was filed by reason of her death.

Mary V. Logan died a resident of Philadelphia County on April 1, 1954, leaving a will duly admitted to probate, of which she appointed Girard Trust Corn Exchange Bank and Madeline E. Dooley executors.

By paragraph 9 of his will testator gave the residue of his estate, one third to his son, John A. Quigley, absolutely, one third in trust for his daughter, Mary V. Logan, and the remaining one third in trust for his daughter, Lillian G. Conley.

With respect to the residuary trust for Mary V. Logan testator provided that upon her death (if Lillian G. Conley alone of testator’s children survive her), the principal of testator’s estate from which she received the income should continue in further trust “upon the same uses and purposes and on the same trusts as the share of my estate herein given in trust for my daughter, Lillian G. Conley and her descendants”.

Testator’s son, John A. Quigley, died April 24, 1934, leaving a will duly admitted to probate, whereby he gave the residue of his estate in trust and appointed Provident Trust Company of Philadelphia trustee.

The trustee under the will of John A. Quigley, deceased, claims one third of the principal of the $25,000 trust created for testator’s daughter, Mary V. Logan, contending that testator failed otherwise to dispose of the remainder interest, and that the principal, therefore, falls into testator’s residúary estate.

Lillian G. Conley contends that testator expressly disposed of the remainder interest of the $25,000 trust [439]*439for Mary V. Logan by paragraph 9(11) of his will whereby he gave one third of his residuary estate in trust for his daughter, Mary V. Logan, and provided that upon her death (should Lillian G. Conley alone of testator’s children survive her) “the principal of my estate, the income from which my said daughter Mary Y. Logan would have received if living, shall continue in trust for the same uses and purposes and on the same trusts as the share of my estate herein given in trust for my daughter, Lillian G. Conley, and her descendants”.

She claims that when testator gave in further trust “the principal of my estate” of which Mary V. Logan had received the income, he thereby included and disposed not only of the remainder of the Logan residuary trust, but also of the remainder interest of the Logan $25,000 trust.

It is well settled that if testator did not specifically dispose of the remainder of the Logan $25,000 trust, it falls into testator’s residuary estate. A residuary clause is one which covers all of the estate not disposed of after providing for debts and particular legacies and devises: Shannon v. Reed, 355 Pa. 628; Wills Act of April 24, 1947, P. L. 89, sec. 14(9), 20 PS §180.14. To avoid this result,, therefore, language must be found in the will by which testator expressly or by clear implication otherwise disposes of the remainder interest of the Logan $25,000 trust. In expounding a will the question is not what testator meant, but what is the meaning of his words. The will must be expressed in writing, and that writing only is to be considered: Britt Estate, 369 Pa. 450. Interpretation is never to assume the proportions of reformation: Wharton App., 373 Pa. 360.

By separate paragraphs distinctly numbered testator gave the corporate shares in his business to his son, John A. Quigley, absolutely; $25,000 in trust for his [440]*440daughter, Mary V. Logan; $25,000 in trust for his daughter, Lillian G. Conley; $25,000 in trust for his granddaughter, Madeline E. Dooley, and in addition bequeathed three separate pecuniary legacies of $1,000 each. Testator then disposes of “all the rest, residue and remainder of my [his] estate”. In none of the paragraphs by which he created separate trusts of $25,000 each for Mary V. Logan, Lillian Y. Conley and Madeline E. Dooley, does testator dispose of the remainder. To conclude that testator intended to bequeath the remainder of the Logan $25,000 trust by the same provision by which he disposed of the Logan residuary trust would impute to testator’s language a doubtful implication which is not justified by a consideration of the entire will. While it happens that the $25,000 trust literally was principal from which Mary V. Logan received the income, I do not believe that testator intended that it should be included in the disposition of the Logan residuary trust. I am supported in my belief by the fact that testator created a similar trust of $25,000 for his granddaughter, Madeline E. Dooley, for whom there is no residuary trust from which an intention to dispose of principal could be gathered. I conclude, therefore, that the remainder interest of the Logan $25,000 trust was not specifically bequeathed and falls into testator’s residuary estate. Where a trust is established without dispositive direction concerning the remainder, it falls into testator’s residuary estate: Zoller Estate, 373 Pa. 451. I so decide. . . .

James A. McTague and Walter B. Gibbons, for ex-ceptants. Thomas A. McNab, contra. June 24, 1955.

Saylor, J.,

We are here concerned with the principal of a $25,000 trust fund created by testator in paragraph 3 of his will for the benefit of his daughter, Mary V. Logan, during her life without [441]*441any provision for disposition thereof on her death. She died April 1, 1954.

The question before us is a narrow one. Is there to be an award of the fund making it a part of testator’s residuary estate or does it go into a residuary trust created out of a third of the residuary estate for the benefit of testator’s second daughter, Lillian G. Conley, and her descendants? If the former disposition is made the estate of testator’s only son would take one third of the $25,000 principal. If the latter disposition is made all of it not merely two thirds, would go to the trust created for the daughter, Lillian.

Testator in creating a trust of one third of his residuary estate for his daughter Mary in paragraph 9, section II, provided in the fourth unnumbered sub-paragraph thereof, as follows:

“In case my daughter Lillian G. Conley, alone of my children survive my daughter Mary V. Logan, then the principal of my estate, the income from which my said daughter Mary Y. Logan would have received if living, shall continue in trust for the same uses and purposes and on the same trusts as the share of my estate herein given In Trust for my daughter Lillian G. Conley and her descendants.”

The trustees for Lillian contend that thereby testator disposed of not only the Mary V. Logan residuary trust principal, but of the $25,000 trust principal as well. However, the auditing judge found that this would impute to testator’s language a doubtful implication not justified by a consideration of the entire will. He ruled that the trust principal fell into testator’s residuary estate.

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Related

Wharton Appeal
96 A.2d 104 (Supreme Court of Pennsylvania, 1953)
Zoller Estate
96 A.2d 321 (Supreme Court of Pennsylvania, 1953)
Britt Estate
87 A.2d 243 (Supreme Court of Pennsylvania, 1952)
Shannon v. Reed
50 A.2d 278 (Supreme Court of Pennsylvania, 1946)
Haydon's Estate
6 A.2d 581 (Supreme Court of Pennsylvania, 1939)

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Bluebook (online)
3 Pa. D. & C.2d 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quigley-estate-paorphctphilad-1955.