FOWNES ESTATE

No. 4074 of 1948.

82 Pa. D. & C. 518 (1952)

Fownes Estate

Common Pleas Court of Allegheny County, Pennsylvania.

May 21, 1952.


Attorney(s) appearing for the Case

H.V. Blaxter, Jr., for accountants.

Eugene R. Speer, for minor.

Donald L. McCaskey, for widow.


BOYLE, P.J., May 21, 1952.

The question involved is whether the life estate of testator's widow in a residuary trust is "property . . . passing to a surviving spouse" within the meaning of section 7(4) of the Wills Act of April 24, 1947, P.L. 89, so as to preclude an afterborn child from participating in the principal of the trust during the life estate.

Henry C. Fownes, 2nd, testator, made his last will and testament on May 18, 1945. He died on August 25...

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