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CARTER ESTATE

No. 124.

44 Pa. D. & C. 2d 509 (1968)

Carter Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

March 29, 1968.

Attorney(s) appearing for the Case

James R. Ledwith, Paul Maloney and Pepper, Hamilton & Scheetz, for exceptant.

Peter M. Mattoon and Ballard, Spahr, Andrews & Ingersoll, William H. Lathrop and Montgomery, McCracken, Walker & Rhoads and John L. Harrison, contra.

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

SHOYER, J., March 29, 1968.

The death without issue of testator's grandson, Alfred V. Leaman, 3rd, on February 9, 1966, poses questions as to distribution of future income as well as principal. Judge Saylor in his adjudication held that Alfred's right to income ceased with his death. In disposing of the issue as to principal, which was presented to the court by petition for declaratory judgment and answer thereto, Judge

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