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WOODWARD ESTATE. (06/28/62)

June 28, 1962

IN RE WOODWARD ESTATE.


Appeal, No. 180, Jan. T., 1962, from decree of Orphans' Court of Chester County, No. 155 of 1961, in re estate of Florence B. Woodward, deceased. Decree affirmed.

COUNSEL

A. T. Parke, III, with him Parke and Parke, for appellants.

Thomas A. Pitt, Jr., with him Stively and Mitman, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 407 Pa. Page 639]

OPINION BY MR. CHIEF JUSTICE BELL

This is an appeal from a decree of distribution and the narrow question involved is the distribution of shares of stock of the American Telephone and Telegraph Company.

Testatrix executed her will on April 10, 1957. In her will she provided:

"I give and bequeath thirty shares of American Telephone and Telegraph stock to Vera Ford Walls.

"I give and bequeath thirty-five shares of American Tel. and Tel. stock to Henry D. Walls."

Testatrix then made many gifts of articles of furniture, china and silverware, including several to Vera Ford Walls. Testatrix provided: "All of the rest, residue and remainder of my estate I give and bequeath unto my following named nephews and nieces - Florence J. Harrison, Florence B. Steeley, Helen B. Dunlap, Clara Byerly Lammey and Charles F. Lammey - in equal shares."

On April 10, 1957, the date of her will, testatrix owned 78 additional shares of stock of the American Telephone and Telegraph Company or a total of 143 shares. On April 24, 1959, the A.T. and T. stock was split three-for-one and the additional shares were issued on May 29, 1959 to stockholders of record of April 24, 1959. Testatrix received the additional shares which gave her a ...


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