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DAVIDOW ESTATE (06/27/51)

June 27, 1951

DAVIDOW ESTATE


Appeals, Nos. 157, 158 and 159, Jan. T., 1951, from decree of Orphans' Court of Lackawanna County, 1934, No. 902, in Estate of Myer Davidow, Deceased. Decree affirmed.

COUNSEL

C. Leo Sutton, with him Morris B. Gelb, Richard L. Levy and Paxson, Kalish, Dilworth & Green, for Jewish Federation of Scranton, appellant.

Paul A. McGlone, for Trustee ad litem, appellant.

N. H. Cowdrey and Herman J. Goldberg, for Trustees, appellants.

Philip V. Mattes, with him R. Carl Griffith, for I. Davidow, appellee.

Leonard L. Silverstein, with him J. Julius Levy, for Liba Vorabay, appellee.

Gordon A. Block and Wolf, Block, Schorr & SolisCohen, for Gita Rosen et al., appellees.

Before Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.

Author: Ladner

[ 368 Pa. Page 46]

OPINION BY MR. JUSTICE LADNER

We have before us three appeals from the decree of distribution of President Judge BRADY of the Orphans' Court of Lackawanna County, pursuant to the adjudication of the 4th partial account of the Trustees under the will of Myer Davidow, deceased. Appeal No. 157 is filed by Sol Davidow et al., the accounting trustees; appeal No. 158 by Frank J. McDonnell, Trustee Ad Litem for the unascertained beneficiaries; No. 159 by the Jewish Federation of Scranton, Pa., entitled in remainder under Myer Davidow's will. These appeals all raise the same questions and will be disposed of together.

From the comprehensive adjudication of the learned court below we state the following facts so far as relevant to this appeal. The fund accounted for and distributed arose from a previous award made in the adjudication of a second account confirmed March 31, 1941. In that adjudication it appeared the accountants represented to the ...


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