MERRICK ESTATE


443 Pa. 388 (1971)

Merrick Estate.

Supreme Court of Pennsylvania.

March 18, 1971.


Attorney(s) appearing for the Case

Stephen H. Hutzelman, with him Meyer Rothwacks, Crombie J.D. Garrett, and Johnnie M. Walters, Assistant Attorney General, for appellant.

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

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


OPINION BY MR. CHIEF JUSTICE BELL, March 18, 1971:

The issues in this case are (1) whether Eleanor D. Merrick at the time of her death in 1962 had any kind of a transmissible, and therefore taxable, interest in the remainder of the trust which her father, Herbert DuPuy, had created in 1916 for Eleanor's niece, Amy DuPuy McHenry, and Amy's surviving children and issue, and (2) whether the Orphans' Court had jurisdiction to determine this question sur a petition for...

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