McKEAN ESTATE


366 Pa. 192 (1951)

McKean Estate.

Supreme Court of Pennsylvania.

January 2, 1951.


Attorney(s) appearing for the Case

J.B.H. Carter, with him Wilbur H. Haines, Jr., for appellant.

James E. Gallagher, Jr., with him Gerald Ronon and Stradley, Ronon, Stevens & Young, for Fidelity-Philadelphia Trust Co., Trustee, appellee.

Frank C.P. McGlinn, for trustee ad litem.

Before DREW, C.J., STEARNE, JONES, BELL and CHIDSEY, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 2, 1951:

The question raised by this appeal is whether a surviving spouse, by an election under Sec. 11 of the Estates Act of April 24, 1947, P.L. 100, 20 PS 301.11, may secure an intestate share of her deceased husband's revocable inter vivos trust which was erected prior to the passage of this Act.

On March 14, 1947 settlor, Thomas McKean, executed the deed of trust in question. While for the present purpose...

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