BERKS COUNTY TUBERCULOSIS SOC. APPEAL


418 Pa. 112 (1965)

Berks County Tuberculosis Society Appeal.

Supreme Court of Pennsylvania.

April 20, 1965.


Attorney(s) appearing for the Case

H. Ober Hess, with him Benjamin R. Neilson, Mark C. McQuillen, and Ballard, Spahr, Andrews & Ingersoll, for appellant.

Harold J. Ryan, with him Samuel B. Russell, for appellee.

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


OPINION BY MR. JUSTICE ROBERTS, April 20, 1965:

This case arises out of a dispute between Berks County Tuberculosis Society, appellant, and Reading-Berks Tuberculosis and Health Association,1 appellee, each of which claims that it is the income beneficiary under a provision of an inter vivos trust known as "The Musser-Custer Memorial Fund."2 The trust instrument, dated...

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