IN RE ESTATE OF WEAVER


392 Pa.Super. 312 (1990)

572 A.2d 1249

In re ESTATE OF John H. WEAVER, Deceased Sur Trust, John H.W. Macklin. Appeal of Flora F. MACKLIN, M. Farrell, Macklin Shute, Elizabeth Stacey Macklin, Fidelity Bank, Accountant, Linda S. Macklin Marini, Valerie Macklin Paro, Vivian L. Macklin Megargee, and Floranne Macklin Burns.

Supreme Court of Pennsylvania.

Filed March 28, 1990.

Petition for Allowance of Appeal Denied August 13, 1990.


Attorney(s) appearing for the Case

Hugh J. Bracken, Philadelphia, for appellant.

Edward J. Kaier, Philadelphia, for M. Farrell and Shute, participating party.

David M. Jordan, Norristown, for Elizabeth S. Macklin, participating party.

Pamela F. Wilford, Philadelphia, for Fidelity Bank, participating party.

Carl N. Martin, II, Philadelphia, for Linda S. Macklin Marini, Valerie Macklin Paro, Vivian L. Macklin Megargee, and Floranne Macklin Burns, participating party.

Before CAVANAUGH, TAMILIA and KELLY, JJ.


KELLY, Judge:

In this case we are called upon to determine whether the Orphans' Court of Montgomery County properly applied the rule against perpetuities to a residuary trust which was formed by a will executed in 1934. The trust provided life estates in the interest income for the testator's widow and his children, then to his grandchildren, with the principal to be liquidated and distributed to each of the testator...

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