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IN RE WILL OF McFADDEN

705 A.2d 930 (1998)

In re Trust Under WILL OF Barclay McFADDEN, Deceased. Appeal of Barclay McFADDEN, Jr., Andrew Alexander McFadden, John McFadden, James S.R. McFadden, Nancy C. McFadden, and Ledyard Heckscher McFadden.

Superior Court of Pennsylvania.

Filed January 30, 1998.

Attorney(s) appearing for the Case

Arthur R.G. Solassen, Media, for appellants.

Ralph N. Teeters, Philadelphia, for J. Keating Willcox, participating party.

Before McEWEN, President Judge, CAVANAUGH, J., CIRILLO, President Judge Emeritus, and TAMILIA, POPOVICH, JOHNSON, HUDOCK, FORD ELLIOTT and EAKIN, JJ.

TAMILIA, Judge:

This case comes before us on reargument after a panel of this Court, in a two to one decision, affirmed the Orphans' Court which dismissed exceptions to an adjudication providing the manner in which the principal and income of a trust, established upon the July 29, 1929 death of Barclay McFadden, Jr., as dictated by his April 20, 1929 will, would be distributed. The provision of the will which gives rise to...

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