Von Storch's Estate

Citations

• 273 Pa. 383
• 117 A. 88
• 1922 Pa. LEXIS 582

Syllabus

<p>Executors and administrators — Trusts and trustees — Mingling trust funds with administrator’s funds — Jurisdiction of orphans’ court — Trust created hy agreement.</p> <p>1. Where a testator gives a life estate to his wife with remainder to the children of two brothers, and appoints his wife and the two brothers executors, and the executors and all parties in interest sell real estate of decedent and execute an agreement that the income therefrom shall be paid to the wife for her life, and the principal at her death to those entitled to the same, the wife, surviving the other two executors, cannot, in filing her account as executrix, blend the proceeds of the estate which she received as executrix with those received from the sale of the real estate.</p> <p>2. The orphans’ court had no jurisdiction over the trust fund formed by the agreement of the living persons, in the absence of a trust created by the will, or of any conversions by the will, or necessity to sell for the payment of debts.</p>