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PEW TRUST. MORRIS APPEAL ET AL. (07/02/73)

decided: July 2, 1973.

PEW TRUST. MORRIS APPEAL ET AL.


Appeals from decree of Court of Common Pleas, Orphans' Court Division, of Montgomery County, No. 73117, in re Trust of J. N. Pew, Jr., Settlor.

COUNSEL

Philip A. Bregy, with him M. Paul Smith, Henry S. Bryans, Cuthbert H. Latta and George L. Haskins, for appellants.

David English Carmack, Assistant United States Attorney, with him Crombie J. D. Garrett and Meyer Rothwacks, Assistant United States Attorneys, Robert N. de Luca, Assistant United States Attorney, Scott P. Crampton, Assistant Attorney General, and Robert E. J. Curran, United States Attorney, for United States, appellee.

Catherine R. Barone, Assistant Attorney General, Dante Mattioni, Deputy Attorney General, and J. Shane Creamer, Attorney General, for Commonwealth of Pennsylvania, appellee.

Francis M. Richards, Jr., and Michael W. Freeland, for The Glenmede Trust Company, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Dissenting Opinion by Mr. Chief Justice Jones. Dissenting Opinion by Mr. Justice Pomeroy. Dissenting Opinion by Mr. Justice Manderino.

Author: Per Curiam

[ 452 Pa. Page 510]

Decree affirmed on the opinion of President Judge Taxis of the Orphans' Court of Montgomery County:

"This matter comes before the Court by way of a Declaratory Judgment filed by I. Wistar Morris, III, seeking a ruling as to whether the remainder interest of Eleanor Pew Morris in the above trust is vested or contingent.

"Responsive answers were filed, the matter argued and the case is now ready for ruling.

"The identical question under this Deed of Trust has been fully argued and a ruling made in Pew Trust-Benson Estate, 447 Pa. 62, 285 A.2d 101, decided by the Supreme Court on December 20, 1971.

"This Court is mandated to follow the Supreme Court in Pew Trust-Benson Estate, supra, and concludes that Pew Trust-Benson Estate rules this case and that the interest of Eleanor Pew Morris is a vested interest for reasons fully set forth by Mr. ...


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