SUMMERFIELD ESTATE

No. 207 of 1955.

26 Pa. D. & C. 2d 526 (1962)

Summerfield Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

March 16, 1962.


Attorney(s) appearing for the Case

John Blessing, for exceptant.

Edmund P. Hannum and Grubb, Guest & Littleton, contra.

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


SHOYER, J., March 16, 1962.

A single, narrow issue is before us; namely, did testatrix intend that her testamentary life tenants should receive distribution of capital gains, or not? We are agreed that her will has clearly provided for the distribution of such gains as income.

Testatrix, who died May 29, 1954, gave her residuary estate to her trustees "for the uses and purposes following: (a) To receive, hold, invest and reinvest the same in such stocks, bonds...

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