GIFFORD ESTATE

No. 2146 of 1957.

18 Pa. D. & C. 2d 769 (1959)

Gifford Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 6, 1959.


Attorney(s) appearing for the Case

Ralph B. Yardley; Clark, Spahr & Eichman; Henry C. Beerits, and Morgan, Lewis & Bockius, for exceptants.

John R. Suria, William H. S. Wells, and Saul, Ewing, Remick & Saul, contra.

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


KLEIN, P. J., November 6, 1959.

A single, narrow question is involved in this dispute. Did Evelyn Chew Gifford, settlor, effectively revoke the revocable deed of trust which she created in 1938?

The answer turns on the quantum of proof necessary to establish the revocation of a formally prepared written trust instrument.

Our research, and that of learned counsel, reveal that there is a dearth of authority on the subject. We are in agreement with the...

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