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JONES ESTATE. (04/16/63)

THE SUPREME COURT OF PENNSYLVANIA


April 16, 1963

IN RE JONES ESTATE.

Appeal, No. 47, March T., 1963, from decree of Orphans' Court of Allegheny County, No. 855B of 1939, in re estate of Benjamin F. Jones, deceased. Decree affirmed.

COUNSEL

David B. Buerger, with him Glenn B. Reed, Jack G. Armstrong, Charles C. Stilley, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellant.

J. Garfield Houston, with him J. Henry O'Neill, and Blaxter, O'Neill, Houston & Nash, for appellees.

Joseph G. Robinson, David M. Gilmore, Mason Walsh, Jr., and Reed, Smith, Shaw & McClay, for appellee.

Robert L. Kirkpatrick, and Kirkpatrick, Pomeroy, Lockhart & Johnson, for estate, appellee.

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

Author: Bell

[ 410 Pa. Page 381]

OPINION BY MR. CHIEF JUSTICE BELL

[ 410 Pa. Page 382]

Appellant contends that the remainder interest in the residuary clause of testator's will, i.e., a gift to a class, violated the Rule against Perpetuities and therefore an intestacy resulted, and appellant became entitled to an interest in the principal of the invalid residuary trust. The Orphans' Court held that the Rule was not violated in its application to this will. While it has several times been said that no will has a twin brother,*fn* the language of the Jones' will bequeathing and devising the remainder interest in controversy is so similar to the language in Harrah's will, viz., Harrah Estate, 364 Pa. 451, 72 A.2d 587, that this case is ruled by that decision.

Mr. Justice BENJAMIN R. JONES and Mr. Justice COHEN concur in the result.

Disposition

The Decree of the lower Court is affirmed on the able opinion of Judge WOLK, which is reported in 29 Pa.D. & C.2d 437. Each party to pay own costs.


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