Opinion by
This is an appeal from a decree of the Orphans’ Court Division of the Erie Common Pleas Court. This decree sustained appellee’s objections to an account and
The testator Donald J. Snyder died on May 23, 1970. His will, executed on January 5, 1967,1 read as follows:
“Jan. 5/67
“All previous statements and codicils are void. I, Donald Snyder, being of sound body and mind do hereby leave the bulk of my estate less $2000 which is to go to Donald Bull who now lives on Hirsh Road. The money in the credit union and in the banks and my stocks all go to my mother. In case of her death they all go to my niece Mary Lou Britton and my nephew David Florek. This is to be divided equally among the two. My automobile, if I own one at this time, goes to David Florek. My burial sum from my social security goes to St. Stephens Lutheran Church. The money from my insurance policies pays for my funeral. If there is anything left after this it goes to the children of Mary Lou & David.
Jan. 5, 1967
Donald Snyder /s/
“I hereby will $1000 of money to Gladys McClelland.”
Appellants, the grandnephew and grandniece of testator, are the “children of Mary Lou & David” to whom the testator refers in his will. Appellants argue that the sentence of testator’s will immediately preceding the signature constitutes a general residuary clause. The appellee in this case is Elmer E. Snyder, father of
If the portion of the will in question is regarded as a general residuary clause, the property not specifically disposed of by the will would pass to appellants. However, if the sentence of the will immediately preceding the signature is regarded as a specific residuary clause, a partial intestacy would be created, and the property in question would pass to appellee under the intestacy .laws.
The orphans’ court found that the testator intended the sentence of the will immediately preceding the signature as a specific residuary clause, directing that appellants should receive only whatever remained from the proceeds of testator’s insurance policies, after those proceeds were employed to pay for testator’s funeral. Keeping in mind our oft-repeated holding that “the findings of fact of the auditing judge, sitting as a chancellor, which are based on competent and adequate evidence are controlling . . . [on] appellate review,”2 we do not believe that the orphans’ court finding should be disturbed.
In finding that the testator intended the last sentence of the body of his will as a specific residuary clause, the orphans’ court reasoned: “[I]t is easily seen
The orphans’ court also advanced an additional and perhaps even more compelling reason for its finding that the testator intended the sentence immediately preceding the signature as merely a specific residuary clause. The court reasoned: “The audit statement disclosed that the insurance policies in question totaled Nineteen Hundred One and 14/100 Dollars ($1,901.14), which indicates that the decedent wanted these particular funds used to pay for his funeral expenses and the balance of said funds not so used he bequeathed to said minors. If he intended that all his other assets were to go to said minors; i.e., an amount in excess of Ten Thousand Dollars, he would not have written ‘If there is anything left. . . .’ (underscoring by the court). Obviously he was referring to a small amount—anything left of his insurance money not used for the payment of the funeral bill.”
We believe that the testator’s use of the word “bulk”, and his employment of the word “if”, constitute competent and adequate evidence of decedent’s intent that the last sentence of the body of his will be a specific residuary clause.
Accordingly, the decree of the orphans’ court is affirmed. Each party to pay own costs.
1.
Pile will was written out by decedent’s mother and signed by decedent.
2.
Faller Estate, 407 Pa. 73, 77, 180 A. 2d 33, 35 (1962) (quoting from Paxlinko Estate, 399 Pa. 536, 541, 160 A. 2d 554, 557 (1960)); see Snyder Estate, 363 Pa. 398, 397, 84 A. 2d 318, 321. (1951).