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MILLER v. COM.

No. 43 MAP 2011

84 A.3d 620 (2013)

Charles O. MILLER, Jr., and Dorothy M. Miller, Appellees v. COMMONWEALTH of Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided December 17, 2013.

Attorney(s) appearing for the Case

John G. Knorr III , JoAnn Petroziello Collins , Kathleen Granahan Kane , Office of Atty. Gen., Harrisburg, for Appellant.

Lowell Rector Gates , Sarah Elaine McCarroll , Gates, Halbruner & Hatch, P.C., Lemoyne, for Appellees.

Wendi Lynn Kotzen , Christopher Andrew Jones , Ballard Spahr LLP, Philadelphia, Rudolph Garcia , Buchanan Ingersolll & Rooney, PC, Philadelphia, George F. Nagle , Sorin Royer Cooper LLC, Conshohocken, for Philadelphia Bar Ass'n, Amicus Curiae.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice EAKIN.

Appellees, husband and wife, created The Dorothy M. Miller Family Irrevocable Trust in October, 2005. The trust names Mrs. Miller as settlor, and her and her husband as co-trustees. The sole beneficiaries of the trust are appellees and their only child. Pursuant to § 2.01 of the trust, Mrs. Miller irrevocably "transfer[red], assign[ed] and deliver[ed] to the Trustees and their successors and assigns the assets listed on...

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