E. A. Craig, III, Kirkpatrick, Lockhart, Johnson & Hutchison, George R. Knapp, Pittsburgh, for appellants.
Richard P. Brown, Jr., Francis W. Sullivan, Philadelphia, J. Paul Farrell, McKeesport, Fredrick J. M. LaValley, Philadelphia, for appellee John Barnes, III; Morgan, Lewis & Bockius, of counsel.
Jones, C. J., and Eagen, O'Brien, Roberts, Nix and Manderino, JJ. Pomeroy, J., did not participate in the consideration or decision of this case. Roberts, J., filed an opinion in support of affirmance in which Manderino, J., joins. Nix, J., would affirm. Jones, C. J., filed an opinion in support of reversal. Eagen and O'Brien, JJ., would reverse.
The vote of the Court being equally divided, the decree of the lower court is affirmed. Parties to bear own costs.
Opinion IN SUPPORT OF AFFIRMANCE
In Tafel Estate, 449 Pa. 442, 296 A.2d 797 (1972), the Court expressly overruled Fownes Trust, 421 Pa. 476, 220 A.2d 8 (1966). The orphans' court, in auditing the present partial account, correctly viewed Fownes as "no longer the law in this Commonwealth" and properly performed its duty to apply "the law in effect at the time of the audit." Arrott Estate, 421 Pa. 275, 281, 217 A.2d 741, 745 (1966). Therefore, the decree of the orphans' court should be affirmed. See Tower Estate, 463 Pa. 93, 103,
A.2d 671, 677 (1975) (dissenting opinion); see also Fownes Trust, supra, 421 Pa. at 481-84, 220 A.2d at 11-12 (dissenting opinion).
Opinion IN SUPPORT OF ...