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TOWER ESTATE

410 Pa. 389 (1963)

Tower Estate.

Supreme Court of Pennsylvania.

March 19, 1963.

Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., with him Cuthbert H. Latta, Thomas Reath, and Drinker, Biddle & Reath, for appellants.

William H.S. Wells, with him Thomas S. Weary, John R. Suria, and Saul, Ewing, Remick & Saul, for appellees.

Philip Klein, guardian and trustee ad litem, in propria persona, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, March 19, 1963:

Charlemagne Tower (testator), a resident of Philadelphia, died on July 24, 1889. Under the pertinent terms of his will, dated May 21, 1889, he provided, inter alia:

"Item 4. I have living at the date of this my Will ten lineal descendants: that is to say, five children and five grandchildren. [He then named the five children and five grandchildren.]

"Item 5. All the rest, residue and remainder of all my Property...

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