SCHOLLER TRUST


403 Pa. 97 (1961)

Scholler Trust.

Supreme Court of Pennsylvania.

March 23, 1961.


Attorney(s) appearing for the Case

Alexander Brodsky, with him Harry E. Brodsky, Samuel B. Brodsky, and Brodsky, Brodsky and Brodsky, and Herbert Horn, and Lloyd, Horn, Megargee and Steedle, of the New Jersey Bar, for appellant.

Donald S. Cohan, with him Samuel B. Brenner, and Bernard A. Wecht, for appellants.

Philip A. Bregy, with him George M. Brantz, and MacCoy, Evans & Lewis, for appellees.

Lois G. Forer, Deputy Attorney General, with her Anne X. Alpern, Attorney General, for Commonwealth as parens patriae.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE COHEN, March 23, 1961:

These are appeals from the decree of the Orphans' Court of Philadelphia County dismissing exceptions to an adjudication sustaining the charitable nature of a trust.

The Scholler Foundation was created by the inter vivos deed of trust dated June 22, 1939 of Frederick C. Scholler, who was unmarried and without issue. His five brothers had died without issue prior to 1939 and his only close relative, a maiden sister...

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