SOMMERVILLE ESTATE (NO. 2)

No. 3243 of 1959.

33 Pa. D. & C. 2d 359 (1964)

Sommerville Estate (No. 2)

Common Pleas Court of Philadelphia County, Pennsylvania.

June 19, 1964.


Attorney(s) appearing for the Case

Charles M. Solomon and Fox, Rothschild, O'Brien & Frankel, for exceptant.

Paul Maloney and Pepper, Hamilton & Scheetz, contra.

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


Dissenting opinion filed by Lefever, J.

BURKE, J., June 19, 1964.

This matter is before the court en banc on exceptions to both the adjudication and the supplemental adjudication, on the question of the construction of testatrix' will.

Margaret Sommerville died on August 28, 1958, and in her will gave only two pecuniary legacies; one to her daughter, Margaret Russell, in the amount of $2,000, coupled with an in terrorem clause, and the second to her...

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