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ZOLLER ESTATE

373 Pa. 451 (1953)

Zoller Estate.

Supreme Court of Pennsylvania.

April 22, 1953.

Attorney(s) appearing for the Case

Edmund W. Ridall, Jr., for appellant.

No argument was made nor brief submitted for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, April 22, 1953:

This is a will construction case. The question presented is whether, upon the termination of an active trust for "maintenance and upkeep" of devised real estate, upon the sale of such real estate, the unexpended portion of the trust fund passes to the surviving grantor-devisee or forms part of testator's residuary estate. A majority of the court below, one Judge dissenting, ruled that such unexpended fund formed...

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