Appeal of McCurdy

Citations

• 124 Pa. 99
• 16 A. 626
• 1889 Pa. LEXIS 1009

Syllabus

<p>(«) The will of a testator, dying in 1875, bequeathed his residuary estate to his executors, “ to be devoted and given by them to such institutions or uses, as they in their best judgment may consider the most compatible with the views and instructions which I have given them,” expressly providing that none of his property should pass under the intestate laws.</p> <p>(6) Tn 1877, the executor's executed a sealed instrument declaring they had paid all tiie legacies then due and secured those to become due on the termination of life estates, “ that being the utmost extent (with exceptions hereinafter set forth), to which, after years of reflection, Mr. Stout wished his estate to be applied for either charitable purposes or the benefit of relatives, as he repeatedly declared to executors ; ”</p> <p>(c) And then declared that the residue was their own by law, but that nevertheless they deemed it their duty and therefore appropriated and devoted certain sums to purposes which they stated to be, “ in complianee with wishes expressed to them about the same,” and, finally, divided the remainder between themselves, releasing forever all causes of action either might have against the other on account thereof.</p> <p>1. By the provisions of the will referred to, a trust was created as to the residuary estate, and what was given to the executors by the clause quoted was not a discretion to distribute the estate according to their judgment, but a discretion to carry out the views and instructions received from the testator: Beck’s App., 116 Pa. 547, distinguished.</p> <p>2. The only evidence of the objects of the trust being the testimony of the executors, one of whom was dead, and they having by a solemn in-' strument declared that they had fully carried out or provided for all the objects of the testator’s bounty, as expressed by him in his instructions, the court would not inquire further as to unexecuted instructions.</p> <p>8. Wherefore, there being atrust established, a