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BURPEE ESTATE

367 Pa. 329 (1951)

Burpee Estate.

Supreme Court of Pennsylvania.

May 21, 1951.

Attorney(s) appearing for the Case

William C. Bodine, with him Joseph F. Tilghman, Philip L. Leidy, Thomas Ross, Pepper, Bodine, Stokes & Hamilton and Ross & Smith, for appellants.

Irving N. Kieff, Deputy Attorney General, with him Francis J. Gafford, Deputy Attorney General and Robert E. Woodside, Attorney General, for appellee.

Before STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 21, 1951:

The appeals concern the construction of a portion of the will of Washington Atlee Burpee, deceased, and of an inter vivos trust deed or agreement which incorporates the testamentary provisions by reference. The question is whether testator's widow, Blanche S. Burpee, was possessed of a defeasible fee or whether such interest constitutes a life estate. There is no controversy between

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