250 Pa. 167 | Pa. | 1915
Opinion by
This is an appeal from the final decree of the Orphans’ Court of Berks County making distribution in the Estate of James H. Sternbergh, deceased. The decedent
The account of the executor and trustee showed a balance in its hands, arising from income, of $93,821.36. Claim was made by May S. Keppelman, a daughter of testator, who does not share in the final distribution, that the direction to accumulate the surplus income was unlawful and void, and that the above balance should be distributed to those entitled to take from the testator under the intestate law.
The auditing judge held that the direction to accumulate, so far as it concerned the children who were of age, violated the Act of April 18,1853, P. L. 503, Sec. 9, and was, therefore, invalid, but that the interests of the widow and five children, who were residuary legatees, were vested, and consequently under the act, they were entitled to the accumulations, and awarded them accordingly. Mrs. Keppelman filed exceptions to the adjudication, but the court made a decree dismissing the exceptions and confirming the adjudication absolutely. The exceptant has appealed. That the direction in the will, with respect to investment, violates the statute against ac
The assignments of error are sustained, the decree of ■ the Orphans’ Court is reversed, and the record is remitted to the court below for further proceedings in accordance with this opinion.