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BENEDUM ESTATE

427 Pa. 408 (1967)

Benedum Estate.

Supreme Court of Pennsylvania.

November 14, 1967.

Attorney(s) appearing for the Case

C. Donald Gates, Jr., with him Brandt, Riester, Brandt & Malone, for appellant.

Harold R. Schmidt, with him Henry McC. Ingram, Robert S. Newkirk, and Rose, Schmidt and Dixon, and McDonald, Sanders, Wynn, Ginsburg, Phillips & Maddox, for appellee.

William A. Meyer, guardian and trustee ad litem, appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, November 14, 1967:

The question involved: Is the adopted daughter of a deceased nephew, who was one of testator's life tenants, included or excluded in a gift of income to the nephew's living children and living issue of a deceased child, where the testator in his 1948 will provided that "the words `child', `children' and `issue' . . . shall include only issue of the body of my niece and...

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