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MCLAUGHLIN ESTATE (01/25/71)

decided: January 25, 1971.

MCLAUGHLIN ESTATE


Appeal from decree of Court of Common Pleas of the Thirty-Seventh Judicial District, Warren County Branch, Nov. T., 1969, No. 1, in re estate of Viola S. McLaughlin, deceased.

COUNSEL

William F. Clinger, Jr., with him Harper and Clinger, for appellant.

W. Scott Calderwood, with him Mervine and Calderwood, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Cohen took no part in the decision of this case. Opinion in Support of Affirmance of the Decree by Mr. Chief Justice Bell. Mr. Justice O'Brien and Mr. Justice Pomeroy join in this opinion. Opinion in Support of Reversal of Decree by Mr. Justice Roberts. Mr. Justice Jones and Mr. Justice Eagen join in this opinion.

Author: Per Curiam

[ 441 Pa. Page 540]

The Court being equally divided, the decree of the Court of Common Pleas is affirmed.

Disposition

Decree affirmed.

Opinion in Support of Affirmance of the Decree by Mr. Chief Justice Bell:

Viola S. McLaughlin died September 4, 1968, leaving a will dated October 19, 1964. This appeal involves the construction of her will.

Testatrix, after making several specific bequests to relatives and friends, provided:

"Fifth: I give, devise and bequeath all of the rest, residue and remainder of my estate*fn1 as follows:

"(a) 10% thereof to Grand Chapter of Pennsylvania, Order of the Eastern Star, for the Eastern Star Home under its control presently located at 2226 ...


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