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SMITH ESTATE

73 Pa. D. & C. 38 (1950)

Smith Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 3, 1950.

Attorney(s) appearing for the Case

Howard H. Yocum, for exceptants.

Freeman & Fox, Edmund B. Spaeth, Jr., and Philip A. Bregy, for MacCoy, Evans & Lewis, contra.

Before Sinkler, P.J., Klein, Bolger, Hunter and Boland, JJ.

HUNTER, J., November 3, 1950.

These exceptions raise the question as to the validity of the trust under the rule against perpetuities and the application of Harrah Estate, 364 Pa. 451, the decision in which was handed down by the Supreme Court after the auditing judge had prepared his adjudication.

Testator died September 23, 1881, and by items VI and VII of his will gave his interests...

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