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STEPHENS v. LEWISTOWN TRUST CO.

481 Pa. 194 (1978)

392 A.2d 313

Nancy C. STEPHENS, Ralph G. Stephens, Ruth E. Knepp, Petitioners, v. LEWISTOWN TRUST COMPANY, Trustee, Respondent, the Russell National Bank, Trustee ad litem for Daniel T. Kline, Stephen Todd Kline, Amanda Patton and Jessie Patton, Minors, and for the unborn issue of Nancy C. Stephens, Ralph G. Stephens and Ruth E. Knepp, and Sandra J. Stephens Patton, John G. Stephens and Carol Knepp Kline, Additional Respondents. Appeal of Nancy C. STEPHENS and Ruth E. Knepp.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Robert B. Brugler, Lewistown, M. Paul Smith, Norristown, for appellants.

Harry L. Siegel, Bruce S. Nielsen, Lewistown, for appellee Lewistown Trust Co.

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

OPINION OF THE COURT

ROBERTS, Justice.

We reaffirm that, in the absence of the settlor's clear demonstration of intent to the contrary, income beneficiaries are entitled to distribution of trust income in excess of minimum specified payments.

In 1951, settlor John Stephens executed a will providing for a residuary trust for the benefit of his four children, Mrs. Ruth E. Knepp, J. Paul Stephens, Donald L. Stephens and Ralph G. Stephens. Subsequently...

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