Fessler Estate
Decision Date | 10 October 1961 |
Docket Number | 89 |
Citation | 25 Pa. D. & C.2d 721 |
Parties | Fessler Estate |
Court | Pennsylvania Commonwealth Court |
May term, 1959
Exceptions to inventory.
Charles Bidelspacher, Jr., for exceptant.
Furst, McCormick, Muir, Lynn & Reeder, and Greevy, Knittle, Fisher & Rice, contra.
The facts in this case are not in dispute. During her lifetime, Lettie E. Fessler, deceased, accumulated 653.326 shares of Investors Mutual, Inc., which shares, by an instrument which is labeled " Declaration of Trust -- Revocable", were to go, at her death, to E. Lee Fogleman, the exceptant hereto. The said declaration of trust was made August 2, 1950. On March 19, 1958, decedent made a will with codicil thereto dated May 8, 1958.
Lettie E. Fessler died June 28, 1959. The executors of her estate inventoried said shares as assets of the estate, and E. Lee Fogleman filed exceptions to the inventory. The matter is now before us, to dispose of the question of the ownership of said shares.
This court has exclusive jurisdiction of adjudicating title to personal property in the possession of a personal representative, or registered in the name of a decedent. Orphans' Court Act of August 10, 1951, P. L 1163, art. 3, sec. 301, as amended 20 PS § 2080.301(13).
Concerning the practice of filing exceptions to an inventory, the Supreme Court, in Rogers Estate, 379 Pa. 494, pp. 495 and 496, stated:
In Higbee v. Koziol, 383 Pa. 116, 118 (1955), the court stated:
" ... Disputed title to property in connection with the settlement of a decedent's estate should never be determined upon exceptions to an inventory and appraisement, or upon a petition for a supplemental inventory."
However, the Fiduciaries Act of April 18, 1949, P. L. 512, was amended in 1956, to provide a ready procedure for objections to an inventory. Section 405 has been added and provides (art. 4, sec. 405, added February 23, 1956, P. L. (1955) 1084, sec. 3, 20 PS § 320.405):
This amendment, in effect, repeals the law laid down in Rogers Estate, supra, and in Higbee v. Koziol, supra.
Due notice of this proceeding and an opportunity to appear and be heard was given to all residuary heirs. This court has jurisdiction and the procedure is proper. In the discretion of this court, it is in the best interest of all parties that the determination be now made.
The question to be decided is the ownership of the Investors Mutual, Inc., shares. If the instrument is an inter vivos trust, then the shares belong to the exceptant. If the instrument is a testamentary trust, then the further question arises as to whether or not the trust was revoked by decedent's last will.
: Mason Estate, 395 Pa. 485, 488, 150 A.2d 542. Accord: Behan Estate, 399 Pa. 314, 160 A.2d 209; Restatement of Trusts, § 57(1) (1935); Restatement of Trusts, 2d 57(1) (1959); Scott on Trusts, § 57.1, Huested Estate, 403 Pa. 185, 190. Comment " h" under Restatement of Trusts 2d, § 57, sets forth:
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