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BANES ESTATE

452 Pa. 388 (1973)

Banes Estate.

Supreme Court of Pennsylvania.

May 23, 1973.

Attorney(s) appearing for the Case

Jules Pearlstine, with him Larry J. Schwartz, and Pearlstine, Salkin, Hardiman, Robinson and Hunn, for appellant.

Philip D. Weiss, with him McTighe, Brown, Weiss, Bonner & Stewart, for appellee.

Joseph E. Lastowka, Jr., with him Kassab, Cherry and Archbold, for Shell Oil Company, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, May 23, 1973:

J. Walter Banes died on October 25, 1962, leaving a will which was duly probated. The will designated decedent's wife, Inez Banes, appellee, as trustee-executrix. Thereafter, the first and final account was filed on November 1, 1967, and adjudicated on May 28, 1968.

Decedent's estate consisted primarily of a 22-acre tract of land located in Montgomery and Horsham Townships. In 1950, decedent and his first wife...

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