Kulchinsky Estate

Burke, J.,

Testatrix died April 22, 1963, leaving a will dated November 30, 1961. The learned auditing judge, in his adjudication, awarded the balance of the estate back to the accountants (named trustees) for further accounting.

Exceptions were filed by both the Commonwealth and the primary legatees to (1) an award of the balance to the trustees rather than to the Commonwealth under the so-called “Iron Curtain Act” of July 28, 1953, P. L. 674, 20 PS §§1155-59, and solely by the primary legatees to (2) the failure of the auditing judge to conclude that the conditional gift to a charity is…