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ESTATE OF HOLTON

493 Pa. 584 (1981)

427 A.2d 629

ESTATE of S. Pearce HOLTON, Deceased. Appeal of S. Pearce HOLTON, II (Appellant at Nos. 521 & 522 January Term, 1978, and No. 80-3-690). Appeal of Henrietta D. THOMAS (Appellant at No. 80-3-690).

Supreme Court of Pennsylvania.

Decided March 13, 1981.

Reargument Denied April 20, 1981.

Attorney(s) appearing for the Case

James R. Ledwith, Philadelphia, for appellant.

Robert L. Freedman and Linda A. Fisher, Philadelphia, for The Fidelity Bank.

H. Ober Hess, Philadelphia, for Mary C.H. Bishop and John M. Holton, Jr.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Settlor S. Pearce Holton died in 1931, leaving a will dated March 16, 1929, creating a number of trusts. One of the trusts, created by paragraph eleven of the will, was for the benefit of settlor's son, Howard C. Holton, for his life. Upon the son's death, trust income was to be paid to the son's "children." If the son died without "children," the corpus of the trust was to be divided in two equal parts.

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