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PEW TRUST

398 Pa. 523 (1960)

Pew Trust.

Supreme Court of Pennsylvania.

March 15, 1960.

Attorney(s) appearing for the Case

Oscar M. Hansen, with him Samuel W. Morris, Vernon L. Stover, John Russell, Jr., and Morgan, Lewis & Bockius, for life tenant, appellant.

H. Ober Hess, with him Bruce L. Castor, Norman H. Brown, and Ballard, Spahr, Andrews & Ingersoll, for adult contingent remaindermen, appellees.

M. Paul Smith, guardian ad litem for minor contingent remaindermen and trustee ad litem for unascertained persons, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 15, 1960:

This appeal presents a problem in the field of apportionment; does a common stock distribution in 1954 by the Sun Oil Company to its stockholders, including this trust, unaccompanied by a contemporaneous capitalization of earnings, constitute an apportionable event under the Pennsylvania Rule of Apportionment?

On June 2, 1932, Mary C. Pew created an inter vivos trust to which she transferred 40,000...

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