In Re: Trusts Under Will of Montgomery, R.

J-A13004-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: TRUSTS UNDER WILL OF : IN THE SUPERIOR COURT OF ROBERT L. MONTGOMERY, JR. : PENNSYLVANIA DECEASED FOR THE BENEFIT OF : H.BEATTY CHADWICK (TRUST NO. 6) : AND MARITAL TRUST UNDER WILL : OF ROBERT L. MONTGOMERY, JR., : DECEASED, FOR THE BENEFIT OF : ELIZABETH B. MONTGOMERY AS : APPOINTED BY THE WILL OF : No. 3007 EDA 2019 ELIZABETH B. MONTGOMERY, : DECEASED FOR THE BENEFIT OF H. : BEATTY CHADWICK (TRUST NO. 7) : : : APPEAL OF: H. BEATTY CHADWICK : Appeal from the Order Entered September 30, 2019 In the Court of Common Pleas of Montgomery County Orphans’ Court Division at No(s): No. 1977-X0448 BEFORE: BENDER, P.J.E., LAZARUS, J., and DUBOW, J. MEMORANDUM BY BENDER, P.J.E.: Filed: August 13, 2020 H. Beatty Chadwick (Appellant) appeals pro se from the orphans’ court’s adjudication of the 2018 accounts of two trusts created under the will of Robert L. Montgomery, Jr., (Decedent), and the will of Elizabeth B. Montgomery, the deceased wife of Decedent. Pursuant to the court’s adjudication, Appellant’s objections were dismissed and the payment of attorney’s fees to PNC Bank, N.A. (Trustee/Appellee) was approved. We affirm. As noted in a prior decision by this Court, responding to an earlier appeal filed by Appellant, this matter has a “long, torturous, and infamous” history. J-A13004-20 See In re Trusts Under the Will of Montgomery, 161 A.3d 392 (Pa. Super. 2017) (unpublished memorandum). The terms of the trusts provided that Appellant was to be the lifetime beneficiary of the trusts and that after Appellant’s death, the principal of each trust was to be distributed to various charities. Specifically, with regard to the amount of the payment due Appellant, he was to receive a percentage of the lesser of the net income of the trust or a stated percentage of the fair market value of the principal of the trust. The present appeal arises from the filing of the fifth accounting of trust #6 and the third accounting of trust #7. As part of the petitions for adjudication of the accounts, Appellee requested the payment of attorney’s fees in the amount of $447,635.40 to cover the costs incurred by it, which were expended to defend itself against Appellant’s claims, both past and present. Following the filing of these petitions, Appellant filed objections alleging Appellee breached its fiduciary duties relating to the investment of the trusts’ assets and asserting that its request for attorney’s fees should be denied. A hearing was held on February 26, 2019, at which the court heard testimony and received evidence. On September 30, 2019, the court issued its adjudications, dismissing Appellant’s objections and approving the payment of the attorney’s fees. The orphans’ court also denied Appellant’s motion for reconsideration. Thereafter, Appellant filed a timely appeal. -2- J-A13004-20 We begin by setting forth our standard of review. Our standard of review of the findings of an Orphans’ Court is deferential. When reviewing a decree entered by the Orphans’ Court, this Court must determine whether the record is free from legal error and the court’s factual findings are supported by the evidence. Because the Orphans’ Court sits as the fact-finder, it determines the credibility of the witnesses and, on review, we will not reverse its credibility determinations absent an abuse of that discretion. However, we are not constrained to give the same deference to any resulting legal conclusions. In re Estate of Harrison, 745 A.2d 676, 678-79 (Pa. Super. 2000), appeal denied, 563 Pa. 646, 758 A.2d 1200 (2000) (internal citations and quotation marks omitted). “The Orphans’ Court decision will not be reversed unless there has been an abuse of discretion or a fundamental error in applying the correct principles of law.” In re Estate of Luongo, 823 A.2d 942, 951 (Pa. Super. 2003), appeal denied, 577 Pa. 722, 847 A.2d 1287 (2003). In re Fiedler, 132 A.3d 1010, 1018 (Pa. Super. 2016) (quoting In re Estate of Whitley, 50 A.3d 203, 206-07 (Pa. Super. 2012)). Appellant raises the following two issues for our review: 1. Where the trustee of trusts with a beneficiary entitled only to receive trust income invests for total return principally by capital appreciation and the trusts achieve substantial capital appreciation, did the court below err in dismissing objections to [a]ccounts that the trustee violated fiduciary duties by refusing to exercise its statutory power to adjust the total return of the trusts to produce income which will accomplish the purposes of the trusts as set forth in the terms thereof? 2. Whether the court below abused its discretion in allowing a trustee to collect from trusts additional counsel fees and -3- J-A13004-20 expenses of $477,635.40 for an [a]ccounting proceeding where $516,733.78 already had been allowed for such purposes, 1,874 hours were billed by counsel to represent the trustee in such proceeding where the evidentiary hearing was less than one day, and total fees and expenses allowed were 88% of the combined assets of the trusts? Appellant’s brief at 37. We have reviewed the certified record, the briefs of the parties, the applicable law, and the thorough 17-page opinion of the Honorable Lois E. Murphy of the Court of Common Pleas of Montgomery County, dated September 30, 2019. We conclude that Judge Murphy’s opinion properly disposes of the issues and accompanying arguments presented by Appellant. Accordingly, we adopt her opinion as our own and affirm the order dismissing Appellant’s objections. Order affirmed. Judge Dubow joins this memorandum. Judge Lazarus files a concurring statement in which President Judge Emeritus Bender and Judge Dubow join. Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 8/13/20 -4- 1911 Jt���:l8€"J'R.if8'61U?t0'H.1:t�. 1 ;J,J o o <1� :io ,1 f'',' IN TiiE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 1977·X0448 • • • • • ESTATE OF ROBERT L. MONTOOMERY, JR., DECEASED Sur Trust for Herbert B. Chadwick (Trust No. 6) • • • • • The fifth account of PNC Bank, N.A.1, trustee of the testamentary trust created und<:r Item FOURTH(AX4) (hereinafter refered to as "trust No. 6") of the will of Robert L. Montgomery, Jr., Deceased, was called for audit on June 4, 2018. The objections filed therete by H. Beatty Chadwick (hereinafter ''the objectant") were heard on February 26, 2019, and the matter is now ripe for adjudication COUNSEL APPEARED AS FOLLOWS: DUANE MO'RRIS LLP By: Lewis R. Olshin, Esquire for the Accountant COMMONWEALTH OF PENNSYLVANIA OFFJCE OF THE ATTORNEY GENERAL By: David Dembe, Esquire, Deputy Attorney General as par�n: patriae, for charitable interests I. PNC Bank, N.A. succeeded Provident National Biink \Ylllch was named as a trustee in Item 'f6NTH of Robert Moncgon.,ery', Win. THIS DOCUMENT WAS DOCKETED AND SENT ON 09l30/2019 1977-X0448.105.3 Adjudication, Page� i �2 u (11 �§ u ,E 6:::,- .s l:Jg � ii UNREPRESENTED PARTY APPEARED o� AS FOLLOWS: �Q c:� �g H. Beatty Chadwick, objectant [ ls :S Q) 5� c:: t: it �� �.!:2 �� The account shows a balance of principal and income in the amount of $468,139.89 J! composed of stocks, bonds, cash, and cash equivalents as set forth on pages 18, 19 and 40. � fs �� Principal of$462,221.59 has been revalued as of February 15, 2018 at $571,026.86. � Cl> e: § e .2 � ·'= ti � ii The account was filed to acquaint interested parties with the transactions that have �f �� occurred during the period of this administration (April 7, 2014 to February 15, 2018) and to �� II<.:: al.� seek Court approval of the payment of certain legal fees and costs from principal. The trust L. 5- {: continues. " :S �� :::, )) "� -! 58 )\' 1t is stated that all parties in interest, including representatives of those not suijuris and ::, "g c: QI 0 .2? of those still unborn or otherwise undetermined, have had timely notice of the filing of the Cl) .m t§ li ::> ., 2: & "'<:( � Q) ...0 ....0 :,. :S. administration . �� �§ r� l:: Cl:: .;) .. AND NOW, this '2. 1.� day of September, 2019, the fifth account is confirmed . c·� �� o� i� e, c:: A motion for reconsideration of this adjudication may be filed within twenty (20) days nj 13 �i from the entry hereof. An appeal from this adjudication may be taken to the appropriate �� (/) Cl) l'. iii appellate court within thirty (30) days from the entry of the adjudication. See, Pa.O.C. Rule 8.2 '1 � 0::, �-, o'b i� 16 e� s '- Cl) • ..... ..c:: :? )) .:: c: e- 0 Ill t�� 3 � .g 1977-X0448.105.3 Adjudication, Page 1 · and Montgomery County Local Rule 8.2A, and Pa. R.A.P. 902 and 903. BY THE COURT: / This adjudication efiled '1';./c,/J 9 Lewis R. Olshin, Esquire David Dembe, Sr. Deputy Attorney General Herbert B. Chadwick, prose 17