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GIRT ESTATE (05/23/73)

decided: May 23, 1973.

GIRT ESTATE


Appeals from decree of Court of Common Pleas, Orphans' Court Division, of Butler County, No. 75 of 1969, in re: Estate of Charles H. Girt.

COUNSEL

W. Reid Lowe, with him Meyer, Unkovic & Scott, for appellant, Girt.

Donald W. Shaffer, with him J. Murray Eagen, Rea P. Miller, Jr., and Weller, Wicks and Wallace, for appellant, Benzie.

Clayton A. Sweeney, with him Thomas M. Thompson, Robert A. King, and Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for appellee, Toner Institute.

Thomas L. Jones, with him Richard C. Witt, and Jones, Gregg, Creehan & Gerace, for appellee, Pittsburgh National Bank.

Eagen, O'Brien, Roberts, Pomeroy, and Manderino, JJ. Opinion by Mr. Justice Roberts. Mr. Justice Pomeroy concurs in the result. Mr. Chief Justice Jones and Mr. Justice Nix took no part in the consideration or decision of this case.

Author: Roberts

[ 452 Pa. Page 157]

Charles H. Girt died on February 7, 1967, leaving a will, dated February 10, 1966, which was duly probated in Butler County. These appeals arise from the dismissal of exceptions filed by Susan Girt, testator's daughter, and Margie Rebar, now Margie Rebar Benzie, a legatee under the will, to the first and partial account of the Pittsburgh National Bank, the testamentary trustee.

The controversy in both appeals involves the disposition of trust income in excess of that required to satisfy certain specific annuities established by decedent's will. After directing the payment of all debts and funeral expenses, testator, in Articles Second and Third, provided:

"Second, I am not unmindful of my legal daughter, Susan Girt, and by this Will do not give, devise or bequeath any of my estate unto her.

[ 452 Pa. Page 158]

"Third: All the rest, residue and remainder of my estate of whatsoever kind and wheresoever found, I give, devise and bequeath unto the Pittsburgh National Bank of Pittsburgh, Pennsylvania, in trust nevertheless, for the following purposes, to invest ...


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