On February 2, 1970 Julia Henning died leaving a last will dated January 12, 1968, wherein she appointed her nephew, Jacques Youssef Khoriaty, executor and guardian of her son. At the time of her death decedent was a resident of Antelias, Lebanon.
After probating the will in Lebanon, an exemplified copy of the same was admitted to probate in this court by an order dated August 12, 1971.
The only next of kin and heir at law of decedent was her son, Philip Ferris, who is disabled.
Before returning to her native country Mrs. Henning had lived in the United States for many years. In her business and legal affairs she was represented by John E. Queenan, Esquire, in whom apparently she had great confidence.
On December 6, 1967 decedent executed a deed of trust appointing Queenan as trustee. The trust res was made up of savings accounts and the balance due on a mortgage covering property formerly owned by her. At the time of her death the trust fund had an approximate value of $30,000 more or less.
In this order to show cause, the executor of decedent's will seeks to have the funds held by Queenan, as trustee, turned over to him on the theory the trust " res " is an asset of the estate because the "trust agreement" was revoked in April 1968, and further urges that the language of decedent's will appointed Jacques Khoriaty guardian of her disabled son Philip, as well as executor of her estate.
Defendant Queenan, in a verified answer to the order to show cause, alleges he held the moneys and assets of decedent under "a Trust Agreement" wherein he was to hold all her assets*fn* and pay the income to Julia Henning as requested by her, and upon her death to pay not more than the sum of $100 a month, or whatever lesser amount is earned, from the income of the trust fund to Philip Ferris so long as he lives.
Queenan maintains he has been complying with the terms of the trust agreement. This claim is substantiated by the evidence.
The facts indicate that sometime in the Spring of 1968, Queenan received a call from Mrs. Henning while she was confined in a hospital in Antelias, Lebanon. At that time it appears Mrs. Henning had been talking with Khoriaty, and Queenan's name came up somehow. Thereafter, according to Khoriaty, the settlor called Queenan and said: "I want you to send me my money."
Thereafter a letter was typed, dated April 8, 1968 and purportedly signed by Julia Henning, asking Queenan to "take necessary steps for sending me all the money, ...