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DARLINGTON ESTATE

434 Pa. 198 (1969)

Darlington Estate.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

G. Harold Blaxter, with him Stephen E. Nash, and Blaxter, O'Neill, Houston & Nash, for appellant.

Robert L. Kirkpatrick, with him Thomas W. Pomeroy, Jr., and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

A. Evans Kephart, for amicus curiae.

Thomas N. Griggs, and Griggs, Moreland, Blair & Anderson, for amicus curiae.

Philip A. Bregy and Cuthbert H. Latta, under Rule 65.

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

OPINION BY MR. JUSTICE ROBERTS, April 23, 1969:

In 1929, Harry Darlington created and funded a substantial inter vivos trust for the benefit of his wife, Ethel S. Darlington (now Ethel S. Garrett) for life. The instrument directs that the "entire net income" be paid to his wife and in addition provides "Stock dividends shall belong to the corpus of the trust and shall not be distributable as income." During the course of the administration of this trust, the trustee...

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