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MATTER OF TRACY

464 Pa. 300 (1975)

346 A.2d 750

In the Matter of the Trust Under Deed of Stephen Edward TRACY, Settlor. Appeal of Stephen Edward TRACY, IV.

Supreme Court of Pennsylvania.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Joseph E. Lastowka, Jr., Kassab, Cherry & Archbold, Media, for appellant.

George J. Hauptfuhrer, Jr., Norman E. Donoghue, II, Dechert, Price & Rhoads, Philadelphia, for appellee, Stephanie Tracy Culbertson Kerns.

John A.M. McCarthy, Philadelphia, for appellee, First Penna. Banking & Trust Co., Trustee and Margaret T. Ritteman, Substituted Trustee.

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

OPINION OF THE COURT

ROBERTS, Justice.

In November 1944, Dr. Stephen Tracy (settlor) established a revocable inter vivos trust. It provided that income be paid to settlor and his wife for the remainder of their lives; after their death, the income was to be paid, in equal shares, to settlor's children, Margaret Tracy Ritteman and Stephen Tracy, Jr. Upon the death of either child, "the share of such child shall be paid over to his or her issue per stirpes...

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