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WARDEN TRUST

382 Pa. 311 (1955)

Warden Trust.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

C. Leo Sutton, with him Dilworth, Paxson, Kalish & Green, for appellants.

A. Evans Kephart, guardian and trustee ad litem, appellant, in propria persona.

John Russell, Jr., with him Samuel W. Morris, Oscar M. Hansen, and Morgan, Lewis & Bockius, for appellees.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 27, 1955:

In Crawford Estate, 362 Pa. 458, 67 A.2d 124, and in Pew Trust, 362 Pa. 468, 67 A.2d 129, this Court unequivocally decided that the provisions of the Uniform Principal and Income Act of May 3, 1945, P.L. 416, 20 PS 3471 and the Principal and Income Act of July 3, 1947, P.L. 1283, 20 PS 3470 are unconstitutional when applied retroactively to trusts created...

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