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KRETZ ESTATE. (03/21/63)

March 21, 1963

KRETZ ESTATE.


Appeal, No. 40, Jan. T., 1963, from decree of Orphans' Court of Berks County, No. 40183, in re estate of Adolph H. Kretz, deceased. Decree reversed.

COUNSEL

Paul N. Schaeffer, with him John W. Forry, Emma Forry Mullen, and Forry and Forry, for appellants.

John S. Speicher, for appellees.

Alvin A. Woerle, with him Ruth, Weidner, Woerle & Yoder, for appellee.

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

Author: Roberts

[ 410 Pa. Page 592]

OPINION BY MR. JUSTICE ROBERTS

This is an appeal from a decree of the Orphans' Court of Berks County, dismissing appellants' exceptions to an order of distribution.

Adolph H. Kretz died in December, 1950. By his will, duly probated, he devised his residuary estate to trustees for the benefit of his widow, Eleanor Kretz, for life, with a general power of appointment in her to dispose of the trust res by will. In default of appointment, he directed distribution under "the Intestate Laws."

Eleanor Kretz died June 9, 1961, leaving a five page holographic will dated December 22, 1954. On the last page of the will, below her signature, she had written:

"Residuary of the Estate to go to Esther Fleming

Kathryn Graeff Bobby Allen

Bersk County Trust Company ...


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