187 A. 303 | Pa. Super. Ct. | 1936
Argued April 22, 1936. These are appeals from a decree of distribution by a court of common pleas after the filing of a first and *567 final account by Beaver Trust Company, guardian of Ivy May Rambo, a person of weak mind. Appeals were taken by Vernon Rambo and Mabel M. Giles, son and daughter of Ivy May Rambo, and they complain of the part of the order of distribution which authorizes the trust company to pay the sum of $2,000 of the balance for distribution in the form of a certificate in a mortgage pool in lieu of cash for that amount and to the part of the order which directs distribution to be made to an executor or administrator of Ivy May Rambo rather than directly to the appellants.
We were informed by counsel at the oral argument in this court that testimony was taken by the court below on hearing in support of its decree, but that no stenographic or other record was made of the testimony so given. As a result we have only the account, order and decree of distribution with findings of fact and conclusions of law, opinion on exceptions, and a copy of the will of Isabell Potts.
Appellants claimed that this balance for distribution should have been awarded to them as residuary legatees under the will of Isabell Potts. We find no merit in this contention and agree with the court below in that respect. We will briefly summarize the pertinent facts as found by the court of common pleas. Isabell Potts died August 23, 1924 after having made her will dated July 18, 1924, wherein she directed that her funeral expenses and debts should be paid, bequeathed $100 to a cousin and then provided: "I give, bequeath, and devise all of my property and estate, real, personal and mixed, which shall remain after the foregoing provisions are carried out to my daughter, Ivy May Rambow, of Raccoon Township, Beaver County, Pa., and I direct that in case her mental condition shall not be such that she can manage her estate, that any one who may be lawfully appointed to manage said estate for her, shall have full authority under the *568 proper Court's direction, to use as much of the estate and property herein willed to my said daughter, as may be necessary, even to the whole hereby willed for the purpose of furnishing proper care as needed, or for treatment and cure of my said daughter, so far as a cure may reasonable be considered necessary. Subject to the foregoing provisions, I give, bequeath, and devise all of my estate and property, real, personal, and mixed as may remain, if any remains, to the children of my daughter, Ivy May Rambow to wit: to Mabel M. Giles and Vernon Rambow."
On November 2, 1925 on petition to the court of common pleas of Beaver County, Beaver Trust Company was appointed guardian for Ivy May Rambo on the ground that she was not able to take care of her property "owing to insanity or unsoundness of mind." Ivy May Rambo died August 4, 1934, leaving the two children above mentioned to survive her.
The first question that faces us is whether the court of common pleas has jurisdiction to make distribution of the estate of Ivy May Rambo. We agree with the court below that it has not. Mrs. Rambo was declared an incompetent and a guardian was appointed for her estate under the Act of May 28, 1907, P.L. 292, as amended (
But it has been suggested that the fund for distribution should have been awarded to the personal representatives of Isabell Potts rather than to those of Ivy May Rambo. The question as to the estate taken by Ivy May Rambo in the property received from the executor of Isabell Potts was not discussed by the court below nor by the parties in their briefs. We are unable to determine from the findings of the court below whether it was of the opinion that Ivy May Rambo took a life estate or an absolute estate in the property so received. That is a question which ought to be determined after all parties in interest are made parties to the record and they have had an opportunity to present their respective views. (See Byrne's Est.,
In any event if the executors of the Potts' Estate *570
desire to raise the question it may be done on the distribution of the estate by the executor or administrator of Ivy May Rambo. This question can be disposed of just as expeditiously on the audit of the Rambo estate when all relevant facts can be presented. (Cf. Kelley's Est., No. 1,
There is an additional reason why we feel that the decree of the court below ought not to be reversed. While the appellant in its argument states that the court found as a fact that the source of the property for distribution was the Estate of Isabell Potts, an examination of the opinion will not support that statement. Neither does it appear from the account which is the only evidence presented to us on the subject that the balance for distribution was acquired solely from that source. The account does show the receipt of $4,152.21 from the executor of Isabell Potts but it also shows the receipt of a large amount of money by way of rent, without anything to indicate the source of the property from which such rent was received. Consequently we have no basis for concluding that the property for distribution was all received from the Estate of Isabell Potts. These are likewise questions which may be disposed of on the settlement of the Estate of Ivy May Rambo when creditors of Ivy May Rambo may be heard and it may be determined whether any inheritance tax is due the commonwealth.
Under the circumstances present we are of the opinion that the decree of the court directing the guardian to turn over the balance to the administrator of Ivy May Rambo ought not to be disturbed.
There remains for consideration the question as to the portion of the decree which authorized the guardian to deliver to the administrator certificates of participation in a mortgage pool in lieu of cash. In McGuffey's Estate,
We do not find any decisions of the appellate courts inconsistent with our conclusions. In Weir's Est.,
Decree affirmed at cost of appellants. *573