ABELE ESTATE


416 Pa. 212 (1965)

Abele Estate.

Supreme Court of Pennsylvania.

January 5, 1965.


Attorney(s) appearing for the Case

Otis W. Erisman, with him Frank F. Truscott, and Truscott, Kline, O'Neill & Howson, for appellants.

C. Leo Sutton, with him William J. Henrich, Jr., and Dilworth, Paxson, Kalish, Kohn & Dilks, for appellants.

Julian Abele Cook, Jr., with him Hardy Williams, for appellees.

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


OPINION PER CURIAM, January 5, 1965:

The controlling issue is whether the testamentary trust provision here in question mandates per capita or per stirpes distribution of corpus among testator's nieces and nephews and the issue of deceased nephews and nieces.

The pertinent provision of the will provides: "FOURTH: . . . And upon the death of the survivor of my said brothers and sisters to transfer, assign and pay over the principal of my said residuary estate...

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