PENGELLY ESTATE


374 Pa. 358 (1953)

Pengelly Estate.

Supreme Court of Pennsylvania.

June 26, 1953.


Attorney(s) appearing for the Case

Charles H. Weidner, with him Stevens & Lee, for appellant.

Franklin E. Kantner, with him Llewellyn R. Bingaman and Moss, Rieser & Bingaman, for appellees.

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


OPINION BY MR. JUSTICE CHIDSEY, June 26, 1953:

The question here involved is the validity of an instrument purporting to create an inter vivos trust.

James H. Pengelly died testate on February 28, 1947 survived by his wife, Katie W. Pengelly. His will, dated December 13, 1945, revoked all prior wills and was duly probated March 4, 1947. Letters testamentary were issued to F. Edwin Titlow who also was named trustee under a "Living Trust Agreement" dated October...

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