MACKARUS ESTATE


431 Pa. 585 (1968)

Mackarus Estate.

Supreme Court of Pennsylvania.

October 3, 1968.


Attorney(s) appearing for the Case

William Kanter, with him Alan S. Rosenthal, Edwin L. Weisl, Jr., Assistant Attorney General, and Drew J.T. O'Keefe, United States Attorney, for United States of America, appellant.

James Francis Lawler, with him Ostroff & Lawler, for individual appellants.

Francis J. Gafford, Deputy Attorney General, with him Herbert W. Salus, Jr., Special Assistant Attorney General, and William C. Sennett, Attorney General, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE JONES, October 3, 1968:

Samuel Mackarus died intestate on January 5, 1962 in the Veterans' Administration Hospital in Cincinnati, Ohio. Letters of administration were granted to Provident Tradesmens Bank and Trust Company. The administrator's account showed a combined balance of principal and income of $88,282 derived from disability compensation paid decedent following his service in World War I.

Three parties claim the estate: (1)...

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