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STEWART ESTATE

390 Pa. 451 (1957)

Stewart Estate.

Supreme Court of Pennsylvania.

November 11, 1957.

Attorney(s) appearing for the Case

William J. Kenney, with him Roy Thomas Clark, Donald M. Birch and Kenney, Stevens, Hill & Clark, for appellant.

Ralph D. McKee, with him Alter, Wright & Barron, for appellee.

Before JONES, C.J., BELL, CHIDSEY, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, November 11, 1957:

This appeal questions the construction which the court below placed upon the dispositive terms of an inter vivos trust in respect of the settlor's gift over of the income from the trust, in certain contingencies, to his son's wife surviving him. At the time of the son's death, the wife with whom he was then living was not the wife to whom he was married when the deed of trust was executed. It is that circumstance...

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