Partridge's Estate

Citations

• 241 Pa. 158
• 88 A. 367
• 1913 Pa. LEXIS 753

Syllabus

<p>Decedents’ estates — Trusts and trustees — Distribution of income —Lunatics—Committees in lunacy.</p> <p>Testatrix by her will devised to her executor two bouses in trust to collect the revenues and rents and pay same to a daughter of testatrix for life with remainder over, and further gave to her executor all the residue of her estate in trust to invest in good securitieg the principal and pay one-third of the net revenue and income thereof to her daughter for life, providing “the said interest or share and income of my said daughter to be so held and paid as to inure solely to the benefit of my daughter.” Testatrix made a further provision whereby the executor was “authorized and empowered to supply any deficiency of income needed” for the purpose of insuring the “comfortable maintenance .and support” of the daughter out of the principal of the daughter’s share of the trust fund. At the death of the testatrix, the daughter was a lunatic and subsequently a committee in lunacy was appointed for her. There was no hope that the daughter would ever be cured. The age of the daughter was not shown by the testimony, but it appeared that she had two daughters boih full grown and married. The trustee filed an account showing a balance of principal in his hands of some $49,000 and a balance of income of over $14,000. The amount expended by the trustee for the maintenance of the daughter at the asylum where she was confined was about $1,500 a year, and it appeared from the testimony that no more could be reasonably expended for that purpose. The balance of income on hand was an accumulation over and above the amount so expended. At the audit of the account, the auditing judge awarded the accumulated income to the committee in lunacy. On exceptions, the court in banc awarded the income to the trustee. TJpon. appeal, held, that the income was properly awarded to the trustee.</p>