Evening journal., 1913-02-20
CORNOCS WIN
SHARE OF ESTATE
Chancellor Orders DiStribu-
tiOn of $4,000 Under
Wilson Will

Several points OF law OF much in
terest were involved in the will case
OF Peter j. Ford VS.. Annie NJ. Wilson,
ct. al. in which Chancellor Charles
NJ Curtis has handed down a decision.
In 1898 Martha j Wilson died and
divided her property under her will,
into FIVE parts. one being in trust 10
one OF her sons and son-in-law, to pay
the income to Ellen c. Cornog, a
daughte- who lived in Delaware
county, Pa, for her life and after her
death to pay over the principal fund
to any child or children Of Mrs. Cor
nog then living.
Upon the resignation OF the testa-
mentary trustees, the court appointed
United States Senator Henry A. du-
Pont, as trusee. who in 1864 re-
signed and Peter j. Ford was ap-
pointed in his place Mr.. Ford had
received nearly $4,000 OF the trust
funds, which be kept invested and
paid the interest to Mrs. Cornog until
her death. July %, 1911. She died
intestate and without leaving any
child or children. Her husband, VIII
liam B. Cornog. survived her as the
administrator OF her estate.
Mrs. Martha J. Wilson, testatrix.
left surviving her five children. Of
which Mrs. Cornog was one. Three
Of the children are living and one
deal in addition to Mrs Cornog. leav-
ing a widow and four children. Be
fore the death Of Mrs. Cornog. VIII
liam II. Horn, the son-in-law and ex-
ecutor of Martha J. Wilson, filed his
final account, showing a further sum
of $1,000 due the trustee for Mrs.
Cornog, which sum was rendered to
the trustee but Mrs. Cornog instruct
ed her trustee not to accept the sum
and give a release therefor. This
sum was then deposited by the exec
utor in a bank, drawing interest The
executor asked the Chancellor to di-
rect the trustee to accept the money
and give him a release which the
Chancellor however decided he had
not power to do.
After the death of Mrs Cornog, the
trustee demanded OF the executor
payment of the principal and accrued
interest and rendered a release, but
the executor claimed the right TO re-
tain and administer the money as part
of the estate of Martha j. Wilson
William B. Cornog. husband and
administrator OF Mrs. Cornog, claim
ed that as Mrs. Cornog died without
children and there was no further
gift of that share. Martha J. Wilson,
died intestate as to said share and
that it vested in those who at the
death of Mrs. Wilson, were her heirh
at law, including his wife, so that II
would be divided into five parts of
which he was entitled to one part
under the laws of Pennsylvania and
Delaware, making the husband en-
titled to all the estate OF his wife
when she died without child or chill
dren. This claim of Mr.. Cornog's
was disputed by the other heirs al
law.
The Chancellor in the decision stat.
ed that several questions we're rails
ed by the WILL
Ibid Martha J. Wilson. die intes
tate as to share given in trust fol
Mrs. Cornog After discussing tn,
case the Chancellor was clearly OF
the opinion that disposition of the
trust estate i'm case Ellen G. Cornog
died without child or grandchild, was
omitted and a contingency wholly un-
thought of by the testatriX. there is
no doubt then as to the intestacy.
2. Does the trust result to the heirs.
at-law of Martha j. Wilson, passing
to them as at her decease and inter.
ests transmissable upon the death OF
any Of them during the lifetime oi
Mrs. Cornog. or does the fund belong
only 10 those heirs, who at the death
of Mrs. Cornog. could entitle them.
selves as such heirs. He concludes
that it was apparent that there will
be a resulting trust in favor of the
heirs of the testratrix because there
was then no child of Mrs. Cornog's
therefore the heirs Of the estate tool
equitable vested interests in the re.
mainder, after the death of Mrs. Cor.
nog, subject TO be divested upon hei
leaving a child or grandchild. The
share OF an heir of Martha J. Wilson
who died in the life of Mrs. Cornog
passed to the executor of the one sc
dying. II follows therefore that VII.
liam b. Cornog is entitled to one-fiftt
of the trust estate, and as he is botf
surviving husband and administrator
IL - NV lAiHVl AdiiA III WHICH Cdpdtlt.
he settles with the one by whom tn,
fund is distributed. So also the ad-
ministrator of David b. Wilson. who
-died in the life time Of Mrs. COrnog
is entitled to a one-fifth share
Another question was to whom
does the income of the trust accrued
at the death of Mrs. Cornog belong
The income was payable to her as II
should accrue and become payable
when received. Whatever belonged
10 her belongs TO her administrator
This applies TO income in hands OF
trustee as well as that on deposit in
the bank
The Chancellor decided that the
trustee, Peter J. Ford. under the cir
cumstances was the proper person
to make the distribution. There ia
$4,000 70 be divided into FIVE equal
shares.
Herbert II. Ward represented the
trustee, who was the complainant.
W. Gilpin Robinson. OF Philadelphia,
represented Mr.. Cornog. and John
Biggs and Armon ID. Chaytor repre-
sented the other defenadnts