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ANTHONY ESTATE

423 Pa. 401 (1966)

Anthony Estate.

Supreme Court of Pennsylvania.

November 15, 1966.

Attorney(s) appearing for the Case

John T. Pfeiffer, III, with him John B. McGurl and Ronald J. Ulmer, for appellant.

Robert M. Zimmerman, with him Guy E. Waltman and E. MacTroutman, for appellees.

Paul Maloney and Ernest Scott, and Pepper, Hamilton & Scheetz, filed a brief under Rule 65.

Thomas N. Griggs, and Griggs, Moreland, Blair & Douglass, filed a brief under Rule 65.

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

OPINION BY MR. JUSTICE ROBERTS, November 15, 1966:

The single question presented on this appeal is whether 900 shares of General Motors common stock distributed by E.I. duPont deNemours and Company pursuant to an anti-trust divestiture decree shall be allocated by the trustees of a testamentary trust to corpus or income. The court below, relying on § 5(3) of the Principal and Income Act of 1947,1

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