Orthopaedic Hosp. v. Sec. First Nat'l Bank

Orthopaedic Hospital appeals from a decree determining the persons entitled to distribution of decedent’s estate. This decree avoids a charitable bequest to Orthopaedic Hospital of a remainder interest in the decedent’s estate. As its sole assignment of error appellant contends that ‘ ‘ The trial court erred in presently determining to whom the trust funds remaining at the death of the life *305 tenants shall be distributed and should instead have reserved jurisdiction to determine that question only at the termination of the intervening life estates.” Such contention is without merit.

The decedent, Matilda E. Proctor, died on August 27, 1964, leaving a holographic will dated five days earlier which subsequently was admitted to probate. By the terms of this will decedent made certain small specific bequests and then directed that the remainder of her estate be converted into cash and divided into two equal shares to be held in trust. One trust was for the benefit of Mae A. Proctor, sister of decedent, and the other was for John Stevenson, surviving husband of a previously deceased sister of decedent. Each beneficiary was to receive $150 per month from his trust during his…