IN RE DEED OF TRUST OF FOWNES


465 Pa. 182 (1975)

348 A.2d 416

In re Deed of TRUST of Henry C. FOWNES, Dated December 7, 1933, known as "the Amy Fownes Schaeffer Trust". Appeal of Sara Mary Barnes ROBY et al.

Supreme Court of Pennsylvania.

Rehearing Denied October 16, 1975.


Attorney(s) appearing for the Case

E.A. Craig, III, Kirkpatrick, Lockhart, Johnson & Hutchison, George R. Knapp, Pittsburgh, for appellants.

Richard P. Brown, Jr., Francis W. Sullivan, Philadelphia, J. Paul Farrell, McKeesport, Fredrick J.M. LaValley, Philadelphia, for appellee John Barnes, III; Morgan, Lewis & Bockius, of counsel.

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


ORDER

PER CURIAM.

The vote of the Court being equally divided, the decree of the lower court is affirmed. Parties to bear own costs.

POMEROY, J., did not participate in the consideration or decision of this case.

ROBERTS, J., filed an opinion in support of affirmance in which Manderino, J., joins.

NIX, J., would affirm.

JONES, C.J., filed an opinion in support of reversal.

EAGEN and O'BRIEN, JJ., would reverse...

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