MERRICK ESTATE


432 Pa. 450 (1968)

Merrick Estate.

Supreme Court of Pennsylvania.

November 18, 1968.


Attorney(s) appearing for the Case

Benjamin M. Parker, with him Lee A. Jackson, Crombie J.D. Garrett, Attorneys, Mitchell Rogovin, Assistant Attorney General, and Vincent A. Colianni, Assistant United States Attorney, and Gustave Diamond, United States Attorney, for United States of America, appellant.

Donald L. McCaskey, with him James G. Park, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellee.

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


OPINION BY MR. JUSTICE JONES, November 18, 1968:

On June 15, 1917, Herbert DuPuy (settlor) created an inter vivos trust for the benefit of a granddaughter, Amy McHenry, who is now living and 52 years of age. Under the terms of that trust, in the event of Amy McHenry's death without issue living at the time of her death, the remaindermen were settlor's three children, including Eleanor Merrick, their heirs and assigns.

Settlor died in 1930 and his successor...

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