ESTATE OF SCHWENK


326 Pa.Super. 253 (1984)

473 A.2d 1078

ESTATE OF Ethel SCHWENK, Deceased. Appeal of Frank L. FISHER and Elizabeth S. Wiest, Exceptants.

Supreme Court of Pennsylvania.

Filed March 16, 1984.

Petition for Allowance of Appeal Granted July 16, 1984.


Attorney(s) appearing for the Case

Fred J. Wiest, Jr., Pottsville, for appellants.

Morris R. Brooke, Philadelphia, for appellee.

Before SPAETH, President Judge and BROSKY and HOFFMAN, JJ.


HOFFMAN, Judge:

The sole issue on appeal is whether the trustee's fees at issue are to be paid out of the principal or the income of a trust created under the testatrix's will. Because we find that the trustee's fees were properly charged against the principal, we affirm the order of the court below.

On June 6, 1949, the testatrix, Ethel K. Schwenk, died leaving a will dated August 28, 1947. Testatrix bequeathed her residuary estate to the Girard Trust Company...

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