KRUG ESTATE

No. 148 of 1953.

86 Pa. D. & C. 436 (1953)

Krug Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 6, 1953.


Attorney(s) appearing for the Case

James P. Gilliland, for exceptant.

Lemuel B. Schofield, contra.


LEFEVER, J., November 6, 1953.

The issue before the court is whether the "pay and divide" rule is applicable in this case.

Testatrix died on April 6, 1934, leaving a will wherein she devised premises 1745 Wylie Street, Philadelphia, to her trustees, in trust, for the purpose of maintaining a home for her unmarried brothers and sister "as long as any of them shall remain unmarried and desire to live in the home". She provided further that, "upon the marriage...

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