Appeals, Nos. 272, 274, 275, 276, 277 and 278, Jan. T., 1960, from decree of Orphans' Court of Philadelphia County, No. 210 of 1959, in re trust of Frederick C. Scholler, settlor, under deed of trust dated June 22, 1939. Decree affirmed; reargument refused May 2, 1961.
Alexander Brodsky, with him Harry E. Brodsky, Samuel B. Brodsky, and Brodsky, Brodsky and Brodsky, and Herbert Horn, and Lloyd, Horn, Megargee and Steedle, of the New Jersey Bar, for appellant.
Donald S. Cohan, with him Samuel B. Brenner, and Bernard A. Wecht, for appellants.
Philip A. Bregy, with him George M. Brantz, and MacCoy, Evans & Lewis, for appellees.
Lois G. Forer, Deputy Attorney General, with her Anne X. Alpern, Attorney General, for Commonwealth as parens patriae.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE COHEN.
These are appeals from the decree of the Orphans' Court of Philadelphia County dismissing exceptions to an adjudication sustaining the charitable nature of a trust.
The Scholler Foundation was created by the inter vivos deed of trust dated June 22, 1939 of Frederick C. Scholler, who was unmarried and without issue. His five brothers had died without issue prior to 1939 and his only close relative, a maiden sister, died a year later. When the trust was created the settlor was, for all practicable purposes, the only shareholder of Schooler Brothers, Inc. which in turn owned Schooler Brothers, Ltd., a Canadian subsidiary, and
Trisco Products, Inc. (Scholler Corporations). The settlor served as president of the Philadelphia Textile Institute Foundation, vice-president of the LaSalle ...