ESTATE OF GREENFIELD


484 Pa. 141 (1979)

398 A.2d 983

ESTATE OF Albert M. GREENFIELD, Deceased. Appeal of Albert M. GREENFIELD, Jr. Appeal of Mervin J. HARTMAN, Esquire, Guardian and Trustee Ad Litem.

Supreme Court of Pennsylvania.

Decided March 14, 1979.


Attorney(s) appearing for the Case

John A. Eichman, III, Philadelphia, for appellant at No. 116 and appellee at No. 118.

Mervin J. Hartman, Philadelphia, for appellant at No. 118.

John J. Lombard, Jr., Walter E. Nelson, Jr., Obermayer, Rebmann, Maxwell & Hippel, Robert K. Greenfield, Philadelphia, for appellees at Nos. 116 and 118.

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


OPINION OF THE COURT

ROBERTS, Justice.

We are asked to decide whether the executors of the Albert M. Greenfield estate properly allocated the increase in the value of estate principal, accrued over the estate's administration, between the electing spouse and the residuary trusts. The executors used the "changing fraction" method of allocation, which allocated appreciation to the electing spouse on the basis of her actual share of the principal fund. We reject...

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