CANNISTRA ESTATE


384 Pa. 605 (1956)

Cannistra Estate.

Supreme Court of Pennsylvania.

March 13, 1956.


Attorney(s) appearing for the Case

James M. Dente, for appellants.

Mary L. Casanave, with her Leo C. Mullen, for appellee.

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


OPINION BY MR. JUSTICE BELL, March 13, 1956:

A difficult question is presented by this appeal: Can a testamentary trust be terminated upon the petition of a nephew and niece who are beneficiaries thereunder?

No rule regarding wills is more settled than the great General Rule that the testator's intent, if it is not unlawful, must prevail! This is the reason why so many cases continually proclaim that the pole star...

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