Title Insurance & Trust Co. v. SS. Peter & Paul Congregation

Appellant, SS. Peter and Paul Congregation, appeals from an order of the trial court determining that it had ceased to exist for purposes of taking a percentage share of the residuary estate of Jay Klinkner.

The facts underlying the appeal are not in dispute.

Jay Klinkner died on February 23, 1961, having previously executed a will in which he created an express trust of the residue of his estate. *945 Under the terms of the trust, the testator’s wife, Thelma, was given a life interest in the income of the residue. It was further provided that, “[u]pon the death of my wife, Thelma, the said Trust shall terminate and distribution shall be made as follows: 20 per cent of the distributable estate to my foster niece, Lucille Leis; 20 per cent thereof to the daughter of my wife by a previous marriage, to wit, Connie Cozens; and 20 per cent thereof to St. Peter and Paul Church, Cashton (Pine Hollow), Wisconsin. The rest and residue of my estate, to wit, 40 percent of the distributable estate, to the Los Angeles Orphan Asylum, also known as Maryvale. If any of the individual remaindermen be then deceased, or if any of the other remaindermen be then not in existence, then and…