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IN RE ESTATE OF HEWITT

721 A.2d 1082 (1998)

In re ESTATE OF Kenneth C. HEWITT, Deceased. Appeal of the Commonwealth of Pennsylvania, Through its Attorney General, Thomas W. Corbett, Jr.

Supreme Court of Pennsylvania.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Rita J. Cindrich, Office of Atty. Gen., for appellants.

G. Donald Gerlach, Pittsburgh, for Estate of Kenneth C. Hewitt.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

When a testator devises a life interest in real estate to a beneficiary who is also the co-executrix of his will, with the remainder following the life estate to be paid outright to charities, may the executrix acting with the co-executor sell the fee interest in the real estate and be paid outright for the value of her life estate from the proceeds of the sale, or must the value of the life estate be...

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