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WAINWRIGHT ESTATE

376 Pa. 161 (1954)

Wainwright Estate.

Supreme Court of Pennsylvania.

January 12, 1954.

Attorney(s) appearing for the Case

Thomas Raeburn White, with him W. Wilson White and White, Williams & Scott, for appellants.

Clarence E. Hall, with him T.F. Dixon Wainwright, and Hall, Hamilton, Wainwright & Welsh, for certain appellees.

Ernest Scott, with him John Grier Bartol, Jr., and Pepper, Bodine, Stokes & Hamilton, for an appellee.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 12, 1954:

This appeal involves the construction of a will. The question is whether the share of a child who died without issue passes under the intestate law or to the issue of his deceased brother.

Mary B.K. Wainwright, the testatrix, by her will, erected a trust of her residuary estate whereunder her two sons, Francis King Wainwright and Clement R. Wainwright, Jr. were each given a life estate. The remainders...

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