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BAILY PETITION

365 Pa. 613 (1950)

Baily Petition.

Supreme Court of Pennsylvania.

November 20, 1950.

Attorney(s) appearing for the Case

Lloyd E. Pollock, for appellants.

Albert A. Sayers, with him G. Kirby Herrington, and Sayers & Hawkins, for Peoples Natural Gas Company, appellee.

J.R. Scott, with him Scott & Hook, for Earnest Clyde Varner, appellee.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE LADNER, November 20, 1950:

This matter came before the court below on a petition for a Declaratory Judgment, Answers thereto, and a stipulation of facts. The essential facts may be summarized as follows:

James Stewart devised by Par. 6 of his will, a 122 acre farm to his son John, 72 acres absolutely and the remaining 50 acres for life, and if John died leaving issue, then to such issue in fee...

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