The learned auditing judge dismissed exceptant’s claim that exceptant’s life interest under his father’s will merges with an alleged intestacy as to four sevenths of the remainder of the trust. The record discloses that in 1932 during the exceptant’s enjoyment of his life estate, he went through bankruptcy and by a deed, copy of which was
The exceptions relate to the learned auditing judge’s ruling that no merger could occur because exceptant is not now the life tenant under the will. This ruling is clearly correct. The process of reasoning employed by exceptant’s counsel we cannot comprehend. His attempt to blithely bypass the assignment of exceptant’s life interest and his assertion that the trustee under the deed of assignment has no standing to object to this proceeding is palpably specious. That exceptant’s interest as life tenant under the will is so utterly different from his life interest under the deed of trust is too obvious to require comment, much less argument. The latter interest is alive and operating. The fact that the trustee thereunder has not joined exceptant in his application is fatal. The validity of this assignment is not challenged; its existence and the provisions
Examining the record respecting exceptant’s status in the remainder interest of the trust, we must reach the same conclusion — that he has no standing. The-burden of establishing such standing rests upon him and he has signally failed therein. The record does not reveal exactly what happened to exceptant’s interest under his father’s will as well as in his father’s estate. All that we know is that some friends of ex-ceptant bought some of exceptant’s interest under his father’s will from the trustee in bankruptcy and assigned it to a trustee as hereinbefore stated. What, if anything, was done by the bankruptcy trustee about the bankrupt’s possible interest in an intestacy does not appear. In the absence of explanation by except-ant we must assume it became and remains the property of his creditors or of the trustee under the deed: Packer’s Estate (No. 2), 246 Pa. 116. Certainly it nowhere appears that exceptant is possessed of it.
The personal representatives of the estates of the four deceased remaindermen not only do not join in exceptant’s application, but oppose it. Likewise the record does not reveal the joinder of the three surviving remaindermen. So that of all the necessary parties who must join in an application such as exceptant presents, only one, exceptant himself, appears and he has no standing.
Despite his ruling that exceptant has no standing, the auditing judge construed the nature of the re
The exceptions are, therefore, dismissed and the adjudication is confirmed absolutely.
