HEATON ESTATE


404 Pa. 360 (1961)

Heaton Estate.

Supreme Court of Pennsylvania.

June 28, 1961.


Attorney(s) appearing for the Case

William White, Jr., with him Alan Reeve Hunt, and Duane, Morris & Heckscher, for appellants.

Cuthbert H. Latta, with him Charles S. Port, of the New York Bar, for appellee.

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


OPINION BY MR. JUSTICE BELL, June 28, 1961:

The sole question involved is whether testator's heirs and next of kin are to be determined as of the date of his death or as of the date of death of the last surviving life tenant of the trust created for Rosalie and her issue. The facts may be summarized as follows:

Testator died on March 20, 1900, leaving a will dated February 27, 1900, and a codicil thereto dated March 3, 1900. He was survived by a son, Augustus...

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