MATTER OF ESTATE OF KREBS


334 Pa.Super. 635 (1984)

483 A.2d 919

In the Matter of the ESTATE OF J. William KREBS. Appeal of Delores M. GEBHART.

Supreme Court of Pennsylvania.

Filed October 26, 1984.


Attorney(s) appearing for the Case

Larry W. Wolf, Hanover, for appellant.

Keith R. Nonemaker, Hanover, for Trustee, participating party.

Michael E. Dows, Hanover, for Minor Children, participating party.

Bartholomew J. DeLuca, Jr., Harrisburg, for 3rd Contingent, participating party.

Daniel M. Frey, Hanover, for Hanover & Trust, participating party.

Before WICKERSHAM, OLSZEWSKI and HOFFMAN, JJ.


HOFFMAN, Judge:

The issues on appeal are (1) whether the settlor evidenced an intention to accumulate the income in one trust and (2) whether his purpose for a second trust has become impractical or impossible of fulfillment. For the reasons set forth below, we reverse in part and affirm in part.

On March 7, 1964, the settlor created an inter vivos trust known as the "J. William Krebs Trust No. 2," (Trust No. 2) which authorized appellee, the Bank of Hanover...

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