HORVATH ESTATE


446 Pa. 484 (1972)

Horvath Estate.

Supreme Court of Pennsylvania.

March 20, 1972.


Attorney(s) appearing for the Case

Elmer T. Bolla, for appellant.

Elmer E. Harter, for appellee.

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


OPINION BY MR. CHIEF JUSTICE JONES, March 20, 1972:

John Horvath (testator) died January 8, 1959, survived by his widow and two daughters, Mary Achter (appellant) and Julia Holmes. Under his will — dated August 31, 1956 — testator set up a trust under which testator's widow was to receive the net income during her lifetime1 and "then upon the death of [his] said wife, if she shall survive [him]," testator directed:

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