WAHR ESTATE


370 Pa. 382 (1952)

Wahr Estate.

Supreme Court of Pennsylvania.

April 22, 1952.


Attorney(s) appearing for the Case

Thomas N. Griggs, with him William S. Marshall and Griggs, Moreland, Blair & Douglass, for certain appellants.

Robert W. McWhinney, with him Harry E. McWhinney, for certain appellants.

A.J. Rosenbleet, with him Robert E. Woodside, Attorney General, and Fisher, Ruddock & Simpson, for Indiana State Teachers College, appellee.

Thomas P. Mulvaney and Stephen E. Nash orally argued the case, and with G. Harold Blaxter, Blaxter, O'Neill & Houston, James H. Beal, Reed, Smith, Shaw & McClay, Robert L. Kirkpatrick, Harry E. McWhinney, Robert W. McWhinney, J.B. McAdoo, R.R. McWhinney, Joseph G. Robinson, Paul C. Harper, Thomas N. Griggs and Griggs, Moreland, Blair & Douglass, filed briefs for various appellees.

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


OPINION BY MR. JUSTICE ALLEN M. STEARNE, April 22, 1952:

The Pennsylvania Proration Act of July 2, 1937, P.L. 2762, 20 PS 844, provides that the United States estate tax shall be equitably prorated "except in a case where a testator otherwise directs in his will." The single question is whether testatrix has so otherwise directed.

Corinne M. Wahr, the testatrix, by her will bequeathed a piano to a named legatee and $50,000 to a friend. The residue she directed...

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