ELLIOTT ESTATE


388 Pa. 321 (1957)

Elliott Estate.

Supreme Court of Pennsylvania.

April 22, 1957.


Attorney(s) appearing for the Case

Christ C. Walthour, with him James A. Danahey, William T. Dom, and Kunkle & Trescher, for appellant.

James Gregg, with him Thomas L. Wentling, Edward T. Kelley and Portser, Gregg & Nichols, for appellee.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, April 22, 1957:

This is an appeal by a cotrustee under an inter vivos trust from a decree of the Court of Common Pleas of Westmoreland County refusing to vacate a previous order of that court finding the settlor of the trust unable to take care of his property and appointing a guardian of his estate.

On April 1, 1950 William E. Elliott created an inter vivos trust under the terms of which he was the sole beneficiary...

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