WINDOLPH TRUST


374 Pa. 81 (1953)

Windolph Trust.

Supreme Court of Pennsylvania.

Reargued April 22, 1953.

May 27, 1953.


Attorney(s) appearing for the Case

Joseph J. Tunney, for appellant.

Russell Conwell Cooney, Henry S. Drinker and Boyd Lee Spahr, with them Walter B. Gibbons, Emanuel Friedman, C.J. Hepburn, Jr., John Ross, Henry W. Koons, Maurice Heckscher, Irving N. Kieff, E.G. Fielder, Jr., John E. Krout, and Norris, Lex, Hart & Eldredge, for appellees.

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


OPINION BY MR. JUSTICE BELL, May 27, 1953:

Annie Windolph, a resident of Philadelphia, executed a Deed of Trust dated July 16, 1909, which was attested by two disinterested witnesses. After giving the income for life to certain named beneficiaries and after their death to Zachary Taylor Shafer (her brother), she provided: ". . . and one share [of the corpus] to such educational or other eleemosynary institution or charity...

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