McILHENNY ESTATE

No. 3337, October term, 1926.

36 Pa. D. & C. 2d 212 (1965)

McIlhenny Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

June 11, 1965.


Attorney(s) appearing for the Case

Daniel J. Ryan, p.p., guardian and trustee, ad litem, for exceptant.

Cuthbert H. Latta, Philip R. Hepburn and Richard B. Klein, amici curiae.

Norman H. Brown and H. Ober Hess for Ballard, Spahr, Andrews & Ingersoll, contra.

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


LEFEVER, J., June 11, 1965.

Where there is an express direction to treat all stock dividends as principal in a pre-1939 trust which is to run for a period proscribed by the 1853 statute against accumulations, do stock dividends of six percent or less, received by the trust from 1960 to 1963, constitute income or principal? This is the issue before the court.1

Testator died on November 23, 1925. A trust was created by the residuary...

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