35 A.2d 258 | Pa. | 1943
These appeals by Frances Stokes Kamerly are from decrees of the court below dismissing her petitions to terminate a testamentary trust. Appellant contends that (1) the trust violates the rule against perpetuities, and (2) no purpose exists for its continuation.
Edwin F. Kamerly, Jr., died June 21, 1927, and by his will directed the establishment of a trust, the income "to go equally to my daughter, Frances S. Kamerly, and my son, H. Stokes Kamerly." He further provided that in the event of the death of either of his children without issue the survivor should receive all of the income. In the event that both children should die without issue "the income shall then go to my father and mother, and when both are dead, to my brothers and sisters or their issues." Testator's father and mother both died within fifteen months after his death. His brother, James C. Kamerly, is still living; his sister, Mary Wagner, has died, leaving an only child, Lois. Katherine Dodson, a sister, is still living. All had notice of the proceedings *227 for termination of the trust. Consents and agreements to the same were executed by Lois Wagner and appellant's brother, Henry Stokes Kamerly. The brother's interest has been assigned to appellant, and her interest reassigned to the Germantown Trust Company as security for certain loans. Appellant requested trustees, Frances Stokes Kamerly and the Germantown Trust Company, to file an account in order that she may petition for termination of the trust. This appeal is from the refusal of the court below to determine said trust.
Supporting estates valid in themselves will be stricken down only where they form a series of limitations and are a part of "such an integrated testamentary scheme that they cannot be separated from one another without defeating the organic plan of the testator": Quigley's Estate,
In stating the law controlling the termination of trusts this Court said, in Bowers' Trust Estate,
The decrees of the court below are affirmed. Costs to be paid by appellant.