DANA ESTATE


89 Pa. D. & C. 499 (1954)

Dana Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

August 4, 1954.


Attorney(s) appearing for the Case

John B. Farr, Thomas S. Weary, Maurice Heckscher, and Duane, Morris and Heckscher, for exceptants.

John E. Littleton, J. Pennington Straus and Schnader, Harrison, Segal and Lewis, contra.

Before Klein, P.J., Bolger, Lefever, Saylor and Shoyer, JJ.


The facts appear from the following adjudication of

HUNTER, J., Auditing Judge.

Was testator's final residuary gift vested or contingent?

By the fourteenth item of the will testator provided for the termination of the residuary trust as follows:

"After the death of my said wife and daughter if my said daughter leave children or their issue living at her death, then my said trustees are to assign, transfer and convey the principal of my estate...

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