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FOWNES TRUST

421 Pa. 476 (1966)

Fownes Trust.

Supreme Court of Pennsylvania.

May 24, 1966.

Attorney(s) appearing for the Case

James M. Arensberg, with him Patterson, Crawford, Arensberg & Dunn, for appellant.

Thomas W. Pomeroy, Jr., Edward A. Craig, III, and Clyde W. Armstrong, with them Kirkpatrick, Pomeroy, Lockhart & Johnson, and Thorp, Reed & Armstrong, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, May 24, 1966:

The question involved is this:

Is the adopted son of one of the children of the life tenant entitled to a share of income under this inter vivos trust?

The Orphans' Court* held that the adopted son of Settlor's deceased grandson was not "issue" within the meaning of the trust and hence was not entitled to any income thereunder.

On December 7, 1933, Henry C. Fownes...

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