CASTNER ESTATE


412 Pa. 232 (1963)

Castner Estate.

Supreme Court of Pennsylvania.

October 11, 1963.


Attorney(s) appearing for the Case

Nathan W. Stuart, with him Wood, Stuart and Murphy, for appellant.

Don L. Larrabee, with him Clinton W. Smith, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE BENJAMIN R. JONES, October 11, 1963:

The issue on this appeal is whether income, unlawfully accumulated under the Act of 1853 (Act),1 is distributable to the residuary legatees under the instant will (grandchildren et al.) or to testator's next-of-kin under the intestate laws (testator's three children and the personal representatives of his two deceased children).

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