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ROSE v. ROSE

385 Pa. 427 (1956)

Rose v. Rose, Appellant.

Supreme Court of Pennsylvania.

June 25, 1956.

Attorney(s) appearing for the Case

Raymond Pearlstine, with him Thomas M. Garrity and Wisler, Pearlstine, Talone & Gerber, for appellants.

C. Brewster Rhoads, with him Harry C. Schaub, Sidney L. Wickenhaver and Montgomery, McCracken, Walker & Rhoads, for appellants.

Albert S. Oliensis, with him William H.S. Wells, Walter Biddle Saul, Paul A. Davis, IV, Smillie, Bean, Scirica & Davis, Levy & Oliensis, and Saul, Ewing, Remick & Saul, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, June 25, 1956:

In this action brought under the Uniform Declaratory Judgments Act of 1923, P.L. 840, as amended, 12 PS § 831 et seq., and tried by the court below without a jury,1 defendants appeal from judgment entered for plaintiff by the court en banc.

Involved is the validity and effect of a written instrument executed solely by plaintiff, wherein...

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