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Wills, Trusts & Estates Keyed to Gallanis
Estate of Kohler
Citation:
344 A.2d 469 (Pa. 1975)Facts
Martin Luther Kohler died August 20, 1916, leaving a will which created a trust. Income from the trust was to be paid to his two surviving daughters, Ruth K. Bates and Else K. Campbell, during their respective lifetimes. The will provided further:
Upon the death of either of my said daughters then I direct the share of such daughter to be paid to her issue per stirpes as such issue shall arrive at the age of twenty-five years, or that the same be paid to such issue in such manner and in such sums as my said daughters shall by their respective wills direct.
Else K. Campbell died testate. Her will directed that the balance of the residue of her estate, including the power of appointment granted to her by the will of her father, Martin Luther Kohler, was to be divided into four equal shares. One share was bequeathed “to my son, Robert F. Campbell, if he survives me. Should my said son, Robert F. Campbell, predecease me, then his share shall fall into my residuary estate and shall thus increase the shares of the other residuary legatees.”
The Fidelity Bank, trustee of the Kohler trust, filed a final account and a petition for adjudication following the death of Else K. Campbell.
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