MATTHEWS ESTATE

No. 1543 of 1945.

28 Pa. D. & C. 2d 416 (1962)

Matthews Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 9, 1962.


Attorney(s) appearing for the Case

Ballard, Spahr, Andrews & Ingersoll, for exceptants.

Donald S. Cohan, trustee ad litem, contra.

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


LEFEVER, J., November 9, 1962.

May life-tenant and remaindermen terminate a spendthrift testamentary trust by the life-tenant releasing and disclaiming income from the trust in favor of the remaindermen pursuant to section 3 (a) of the Estates Act of April 24, 1947, P. L. 100, as amended, and the remaindermen agreeing to divide the principal with life-tenant? This is the issue raised by the exceptions before us.

Testatrix died on September 18, 1944. By her...

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