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DEED TRUST HENRY C. FOWNES (07/07/75)

decided: July 7, 1975.

IN RE DEED OF TRUST OF HENRY C. FOWNES, DATED DECEMBER 7, 1933, KNOWN AS "THE AMY FOWNES SCHAEFFER TRUST". APPEAL OF SARA MARY BARNES ROBY ET AL.


COUNSEL

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.

Author: Per Curiam

[ 465 Pa. Page 183]

Order

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

ROBERTS, Justice.

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,

[ 465 Pa. Page 184343]

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 ...


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