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FIDELITY BANK v. WALTER F. TIERNAN (11/26/79)

decided: November 26, 1979.

THE FIDELITY BANK, TRUSTEE OF THE ESTATE OF GEORGE H. TIERNAN, APPELLANT,
v.
WALTER F. TIERNAN, MARGARET R. LYNAGH, APPELLEES, CROSS-APPELLANTS



Appeal Nos. 124, 125 January Term 1978 from the Order of the Superior Court at No. 1930 October Term 1975, reversing the Judgment of the Court of Common Pleas of Philadelphia, Trial Division, Law, at No. 500 April Term 1972; Kendall H. Shoyer, Judge.

COUNSEL

Victor L. Drexel, James R. Ledwith, Philadelphia, for appellant in No. 124 and appellee in No. 125.

Joseph W. Fullem, Jr., Philadelphia, for appellees in No. 124 and appellants in No. 125.

Arthur C. Dorrance, Jr., Philadelphia, for Pennsylvania Bankers Association.

David J. Kaufman, Philadelphia, for amicus curiae, Sec. on Probate & Trust Law of Phila. Bar Association.

Wallace A. Ries, Philadelphia, for Corporate Fiduciaries Association of Phila.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in this decision.

Author: Per Curiam

[ 487 Pa. Page 485]

OPINION

The order of the Superior Court is vacated and judgment n. o. v. is entered for the cross-appellants, Walter F. Tiernan and Margaret R. Lynagh.

19791126

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