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SIEBERT v. BIRD

503 Pa. 119 (1983)

468 A.2d 1093

Wilbur J. SIEBERT and Guy McKittrick, Administrators of the Estate of Marie Hanley, Deceased, v. James M. BIRD, Lee Hanley, Richard G. Leahy, Substitute Trustees Under the Declaration of Trust for Marie Hanley, Deceased, Leon J. Leahy and Manufacturers and Traders Company, Trustees Under Will of Gladys H. Leahy, Tullah Innes Hanley and Bennett Friedman, Surviving Executors of the Estate of Thomas Edward Hanley, James M. Bird and Ruth A. McCready, Executors of the Estate of J.W. Bird, William L. Hanley, Barbara L. Regan, Richard Leahy, William Bird, John E. Bird, James M. Bird, Thomas E. Bird, Joanne Bird Dorn, Jean Forster Dorn, Tullah Innes Hanley, and Leon J. Leahy. In re Irrevocable Inter Vivos Trust Agreement of William HANLEY, Deceased. Appeal of ADMINISTRATORS OF the ESTATE OF Marie HANLEY, John F. Dorn and Dale F. Dorn, Joint Executors of the Estate of Jean Forster Dorn, Deceased, at No. 35 W.D. Appeal Docket 1983. Appeal of The HEIRS OF Anna H. BIRD, her children; James Bird, Thomas Bird, John Bird, Estate of Joanne Bird and Estate of William Bird at No. 36 W.D. Appeal Docket 1983.

Supreme Court of Pennsylvania.

Decided December 28, 1983.

Attorney(s) appearing for the Case

Frederick W. Gallup, McDowell, McDowell, Wick & Daly, Bradford, for Adms. of Est. of Marie Hanley.

William Alvah Stewart, III, Howard D. Schwartz, Eckert, Seamans, Cherin & Mellott, Pittsburgh, for appellants John Dorn and Dale Dorn in No. 35 and for appellees in No. 36.

William C. Sennett, Knox, Graham, McLaughlin, Gornall & Sennett, Erie, Thomas C. Brown, Brown & Thiessen, Kansas City, Mo., for appellants in No. 36 and for appellees in No. 35 heirs of Anna H. Bird.

John J. Yoder, Smethport, for Tullah Hanley.

Robert J. Healy, Bradford, Pa., Ralph F. Scalera, Thorp, Reed & Armstrong, Pittsburgh, for Trustees Under Irrev. Inter Vivos Trust Agreement of William L. Hanley.

Thomas F. Nelson, Pittsburgh, for Heirs of Gladys H. Leahy.

Robert M. Landis, Robert L. Freedman, for Dennis W. Hillier, Philadelphia, Guardian Ad Litem for Wm. L. Hanley, Jr.

William A. Webb, Deputy Atty. Gen., Pittsburgh.

Before ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

ORDER

PER CURIAM.

The judgment of the Superior Court, 307 Pa.Super. 153, 452 A.2d 1360, is affirmed.

ROBERTS, C.J., filed a dissenting opinion in which NIX and LARSEN, JJ., joined.

ROBERTS, Chief Justice, dissenting.

I dissent from the majority's order affirming the order of the Superior Court, and would reverse the Superior Court's order and reinstate the...

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