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HENDERSON ESTATE. (01/02/62)

January 2, 1962

HENDERSON ESTATE.


Appeal, No. 447, Jan. T., 1961, from decree of Orphans' Court of Philadelphia County, July T., 1911, No. 269, in re estate of Adelaide C. Henderson, deceased. Decree reversed.

COUNSEL

Reuben Miller, with him R. Jere Bloche, and Newman & Master, for appellants.

Donald E. Hogeland, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Bell

[ 405 Pa. Page 452]

OPINION BY MR. CHIEF JUSTICE BELL.

This is an appeal from the decree of the Orphans' Court of Philadelphia County which confirmed absolutely the final account of the trustees in the above estate.

Testatrix died May 22, 1910, leaving a last will dated the 9th day of November, 1908. She was survived by four children, George, Louisa, Gertrude and William.

Testatrix in and by the 13th paragraph of her will divided her residuary estate "into four equal parts or shares".

"One of these four equal parts or shares I give, devise and bequeath unto my son George Henderson, absolutely and in fee simple.

"The three remaining equal fourth parts or shares,*fn* I give devise and bequeath unto my Trustees... IN TRUST NEVERTHELESS...

"To pay the said rents, issues, incomes and profits in quarterly payments equally among my children William Henry ...


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