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LYSINGER ESTATE

Nos. 55,911 and 56,567.

35 Pa. D. & C. 2d 443 (1964)

Lysinger Estate

Common Pleas Court of Montgomery County, Pennsylvania.

July 9, 1964.

Attorney(s) appearing for the Case

Davis and Cirillo and William C. Cahall, 2d, for petitioner.

Brunner and Conver, for respondent.

Robert Trucksess, for remaindermen.

TAXIS, P. J., July 9, 1964.

Petitioner is the income beneficiary under the testamentary trusts of both his father and his mother and seeks to compel an invasion of principal for his benefit. Under both trusts, Montgomery County Bank and Trust Company is surviving trustee. The trust provisions out of which the present controversy arises are identical and provide as follows:

"To pay the net income from the...

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