Estate of Ott
PNC Bank, acting as trustee of the Ott Testamentary Trust, filed a petition for instructions seeking confirmation that it should distribute a portion of the trust principal to two of the decedent's great grandchildren, Charles Manteuffel Jr. and Sabrina Manteuffel. Several trust beneficiaries objected to the petition, arguing that the Manteuffel children were not entitled to any portion of the trust. The parties agreed to submit the issue to the court based solely on the text of the trust instrument.
The trial court ruled that although the Manteuffel children had an interest in a portion of the trust's principal, they were not entitled to that portion of the trust until both of the following had occurred: (1) both of the children's great aunts, Elizabeth Replogle and Charlotte Shepard, had died; and (2) at the time of death of the last of the two aunts, at least one of the aunts had surviving issue. The court further ruled, however, that until Elizabeth and Charlotte both died, the Manteuffel children were entitled to receive income from the portion of the trust that they might later inherit. The objectors filed a timely appeal. We affirm in part, reverse in part and remand for further proceedings.
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