Riley Estate

40 Pa. D. & C.3d 317, 1984 Pa. Dist. & Cnty. Dec. LEXIS 44
CourtPennsylvania Orphans' Court, Bucks County
DecidedDecember 11, 1984
Docketno. 50131
StatusPublished

This text of 40 Pa. D. & C.3d 317 (Riley 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
Riley Estate, 40 Pa. D. & C.3d 317, 1984 Pa. Dist. & Cnty. Dec. LEXIS 44 (Pa. Super. Ct. 1984).

Opinion

MIMS, J.,

The first and final account of Charles H. Riley, administrator of the estate of said decedent, was presented to the court for audit, confirmation and distribution of.ascer[318]*318tained balances on August 6, 1984, having been continued from July 2, 1984, as advertised according to law. Due proof of appropriate notice thereof to all parties legally interested in said estate appears in the record.

Said account has been examined and audited by the court. Balances for distribution shown thereby include principal in the amount of $169,575.82, composed of pre-audit distributions of $900, unreceipted for; real property, lot no. 8, River Road, Tinicum Township, Bucks County, Pa., carried at $48,000; personal property carried at $1,222.88; cash in the amount of $120,386.11 and jointly owned property (partnership) carried at $12,015.60 and revalued as of May 14, 1984 at $11,955.37 and income in the amount of $12,888.54 in cash. Said respective balances for distribution appear to have been correctly computed and stated on the accounting filed.

No additional receipts or disbursements since the accounting were suggested.

Accountant submitted to be debited to income with $2,712.12 for interest and Pennsylvania income tax refund received since the closing date of the accounting. Accountant requested and is hereby allowed additional credit against principal in the amount of $1,533.39 for Pennsylvania inheritance tax, bond premium and real estate taxes paid since the closing date of the accounting. The principal and income balances for distribution shown in the account are hereby revised accordingly.

No information relating to Pennsylvania inheritance tax is contained in this record. Accordingly, the awards hereinafter directed are made subject to such liability, if any, as may still in fact be due thereon for inheritance tax.

[319]*319No unpaid claims against the estate were presented.

• This estate has a troubled history. Joyce Det-weiler claimed to be the common-law wife of decedent. After lengthy hearings, we found that she was not the common-law wife of decedent. An appeal followed. The matter was settled by the payment of $7,500 to Joyce Detweiler approved in an order entered on August 24, 1982.

At the time of the death of decedent, his brother, Charles H. Riley, applied for letters of administration claiming that the intestate heirs of decedent were decedent’s son, John Kevin Riley, 14 years of age, and Charles H. Riley. Letters of administration were granted to Charles H. Riley on November 17, 1980 by the Register of Wills of Bucks County.

On July 13, 1981, counsel for the administrator filed a caveat dated July 10, 1981, requesting the register to refuse probate of any will thereafter offered for probate.

On August 16, 1982, Margaret Mary Smith Bennett Steele and her sister, Patricia Jean Smith Gampa, decedent’s stepdaughters by a prior marriage, requested a citation to issue upon the administrator directing him to show cause why the caveat should not be dismissed and a will of decedent dated August 4, 1969, admitted to probate. The citation was issued and subsequently a full hearing was held before the register of wills. On October 6, 1982, the register ordered the caveat dismissed and admitted the will dated August 4, 1969 to probate. The register also revoked the letters of administration granted to Charles H. Riley.

An appeal from that decision and order was filed by Albert L. Blackman, Jr., Esq., guardian ad litem for John Kevin Riley, a minor, and by Charles H. [320]*320Riley. A citation was issued returnable November 22, 1982. No one has requested a hearing in this matter.

Charles H. Riley has now concluded the administration of decedent’s estate and has filed this first and final account. In the petition for adjudication he has suggested that the entire residuary estate be awarded to John Kevin Riley, who is now an adult.

Objections to this suggested distribution have been filed by decedent’s stepdaughters, Patricia Jean Smith Gampa and Margaret Mary Smith Bennett Steele.

At a conference of all counsel in this matter, it was agreed that the decision of the auditing judge could be made without any hearing on the appeal. A. stipulation was to have been filed but we can find no record of it. However, excellent briefs have been filed relating to the respective legal positions of the parties.

Decedent’s will executed on August 4, 1969, reads in pertinent part:

“Article 2. Residue. All the rest, residue and remainder of my estate, real and personal, I give, devise and bequeath to my wife, Virginia Riley, if she survives me by 30 days.

“Article 3. Alternate Gift of Residue. If my wife does not survive me by 30 days, all the rest, residue, and remainder of my estate, real and personal, I give, devise, and bequeath to my trustee hereinafter named, in trust, to hold, invest and reinvest the same, collect the income, and after paying all expenses incident to the management of the trust, to use and apply as much of the net income and principal as may be necessary in the sole discretion of my trustee for the support, well-being and education of my son, John Kevin Riley, as he arrives at the age of 21, to pay and distribute the principal and any accu[321]*321mulation of income, less such amounts as may have been expended for his benefit, as follows:

“a. Fifty percent to my son, John Kevin Riley, or his issue per stirpes.

“b. Twenty-five percent to my stepdaughter, Margaret Mary Smith, or her issue per stirpes.

“c. Twenty-five percent to my stepdaughter, Patricia Jean Smith, or her issue per stirpes.

“If my son, John Kevin Riley, should die without leaving issue before attaining the age of 21 years, I give his share of the principal and income in equal shares to my stepdaughters named above free and clear of this trust.”

Decedent and Virginia were divorced on April 24,. 1972. All parties agree that the bequest in favor of Virginia became ineffective for all purposes by operation of law under 20 Pa.C.S. §2507(2) which states:

“Wills shall be modified upon the occurrence of any of the following circumstances, among others:

“(2) Divorce. If the testator is divorced from the bonds of matrimony after making a will, all provisions in the will in favor of or relating to his spouse so divorced shall thereby become ineffective for all purposes.” Act .of June 30, 1972, P.L. 508, 20 Pa.C.S. §2507.

The legal question before us is whether the failure of the gift to the divorced spouse renders the will null and void resulting in an intestacy or whether the failure of the gift merely negates the provision of the will in favor of the divorced spouse and creates a gift over to the alternate named beneficiaries. The administrator, in the petition for adjudication, and Kevin, as intestate heir, take the former position and Patricia and Margaret, as objectors, take the latter position.

[322]*322We believe our decision is controlled by In re Estate of Corso, 494 Pa. 269, 431 A.2d 253 (1981).

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Related

In Re Estate of Janney
446 A.2d 1265 (Supreme Court of Pennsylvania, 1982)
Estate of Schwenk
473 A.2d 1078 (Supreme Court of Pennsylvania, 1984)
In Re Estate of Corso
431 A.2d 253 (Supreme Court of Pennsylvania, 1981)

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Bluebook (online)
40 Pa. D. & C.3d 317, 1984 Pa. Dist. & Cnty. Dec. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-estate-paorphctbucks-1984.