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McDOWELL NAT. BANK v. APPLEGATE

479 Pa. 300 (1978)

388 A.2d 666

McDOWELL NATIONAL BANK OF SHARON, Pennsylvania, Trustee under the Will of William A. Applegate, Deceased, v. Katherine APPLEGATE, William E. Applegate, Susan L. Applegate, Robert M. Applegate, Jennifer Lee Applegate and Vivian Rose Applegate. Appeal of Jennifer Lee APPLEGATE and Vivian Rose Applegate.

Supreme Court of Pennsylvania.

Decided June 5, 1978.

Attorney(s) appearing for the Case

John G. Kish, Pittsburgh, for appellants.

Cyril T. Garvey, Sharon, for Katherine Applegate and Susan Applegate.

Edward B. Madden, Sharon, for McDowell Nat. Bank of Sharon, Pa.

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

OPINION OF THE COURT

ROBERTS, Justice.

Testator William A. Applegate executed a will on November 25, 1970, devising the residue of his estate to McDowell National Bank as trustee to divide certain properties "into two equal parts and [to] hold one part in trust for the use and benefit of my daughter, Donna Jean White, and her children and [to] hold the other part in trust for the use and benefit of the children of...

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