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ESTATE MARTIN LUTHER KOHLER (10/03/75)

decided: October 3, 1975.

IN RE ESTATE OF MARTIN LUTHER KOHLER, DECEASED, SUR TRUST FOR ELSE K. CAMPBELL. APPEAL OF KATHERINE LONG ET AL.


COUNSEL

William Goldstein, Goldstein & Goldstein, Philadelphia, for appellants.

William Carson Bodine, Paul Maloney, Philadelphia, for appellee, The Fidelity Bank, trustee under the Will of Martin Luther Kohler, Dec'd. Pepper, Hamilton & Scheetz, Philadelphia, of counsel.

Thomas J. Timoney, Curtis Wright, Ambler, for Thomas R. Miller, Jr., Scott C. Miller and Edwin L. Miller, appellees; Timoney, Knox, Avrigian & Hasson, Ambler, of counsel.

Donald E. Hogeland, Philadelphia, for Elizabeth Hansell and James D. Campbell, appellees.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., did not participate in the consideration or decision of this case. Roberts, J., filed a dissenting opinion in which Manderino, J., joins.

Author: Eagen

[ 463 Pa. Page 152]

OPINION OF THE COURT

This is an appeal from a final decree entered by the Orphans' Court Division of the Court of Common Pleas of Montgomery County sustaining preliminary objections to a petition to reopen an adjudication.

The facts are not in dispute.

Martin Luther Kohler died August 20, 1916, leaving a will which created a trust. According to the terms of the will, income from the trust was to be paid to his two surviving daughters, Ruth K. Bates and Else K. Campbell, during their respective lifetimes. The will provided further:

"Upon the death of either of my said daughters then I direct the share of such daughter to be paid to her issue per stirpes as such issue shall arrive at the age of twenty-five years, or that the same be paid to such issue in such manner and in such sums as my said daughters shall by their respective wills direct."

Else K. Campbell died testate. Her will directed that the balance of the residue of her estate, including the power of appointment granted to her by the will of her father, Martin Luther Kohler, was to be divided into four equal shares. One share was bequeathed "to my son, Robert F. Campbell, if he survives me. Should my said son, Robert F. Campbell, predecease me, then his share shall ...


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