Kimberly's Estate

Citations

• 249 Pa. 475
• 95 A. 83

Syllabus

<p>Jurisdiction, Orphans’ Court—Decedents’ estates—Wills—Residue—Setting aside portion of residue to meet legacies—Construction.</p> <p>■ 1. The Orphans’ Court has jurisdiction to settle the accounts of testamentary trustees and to .supervise the distribution of the assets belonging to such estates, according to the appropriate general rules of law as well as the law established by the will in each particular case.</p> <p>2. A testator bequeathed 23 per cent, of his estate to trustees with direction for the payment of certain legacies and annuities and provided that “after providing for the payment of the legacies and bequests......herein specifically above mentioned, the aforesaid trustees and executors, for charitable purposes, shall use and apply the rest, residue and remainder of said 23 per cent, of my said estate, so as aforesaid given to them in trust and they are hereby authorized, empowered and directed to use and apply the same to such charitable uses, objects and purposes as they may ■ from time to time select, or deem most desirable, hereby giving to them the full and absolute power to select and apply the whole of said rest, residue and remainder of said 23 per cent, so to be received, to charitable uses, objects and purposes, as fully and completely as I myself could do if living.” The trustees having been awarded 23 per cent, of the estate petitioned the Orphans’ Court for leave to set aside certain specified bonds which had already been “designated and alloted by them to provide for the payment of the respective specific bequests” and that they might distribute the balance of the residuary estate for charitable purposes. One of the legatees demurred to the petition on the ground that the estate must be kept in the hands of the trustees intact until all the annuity legatees had received their legacies. The attorney general filed an answer alleging that the amounts set aside for the payment of the legacies were excessive. The court overruled the demurr