SMITH ESTATE


415 Pa. 569 (1964)

Smith Estate.

Supreme Court of Pennsylvania.

July 1, 1964.


Attorney(s) appearing for the Case

Lynne A. Warren, with him Joseph R. Doherty, Alvah M. Shumaker, and McCloskey, Best & Leslie, for appellants.

James M. Houston, with him Gilbert D. Levine, and Rose, Houston, Cooper & Schmidt, for appellees.

Before JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION PER CURIAM, July 1, 1964:

Decree affirmed. Costs on estate.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

On this record, it is unjust and unnecessary to hold that testatrix's bequest of stock in trust for the benefit of the natural objects of her bounty is wholly adeemed. The majority, in concluding otherwise, fails to give adequate consideration to the mental and physical condition of the ninety-year-old testatrix and to the circumstances at...

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