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ESTATE OF KOHLER

463 Pa. 150 (1975)

344 A.2d 469

In re ESTATE of Martin Luther KOHLER, Deceased, Sur Trust for Else K. Campbell. Appeal of Katherine LONG et al.

Supreme Court of Pennsylvania.

Decided October 3, 1975.

Attorney(s) appearing for the Case

William Goldstein, Goldstein & Goldstein, Philadelphia, for appellants.

William Carson Bodine, Paul Maloney, Philadelphia, for appellee, The Fidelity Bank, trustee under the Will of Martin Luther Kohler, Dec'd. Pepper, Hamilton & Scheetz, Philadelphia, of counsel.

Thomas J. Timoney, Curtis Wright, Ambler, for Thomas R. Miller, Jr., Scott C. Miller and Edwin L. Miller, appellees; Timoney, Knox, Avrigian & Hasson, Ambler, of counsel.

Donald E. Hogeland, Philadelphia, for Elizabeth Hansell and James D. Campbell, appellees.

Before EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

EAGEN, Justice.

This is an appeal from a final decree entered by the Orphans' Court Division of the Court of Common Pleas of Montgomery County sustaining preliminary objections to a petition to reopen an adjudication.

The facts are not in dispute.

Martin Luther Kohler died August 20, 1916, leaving a will which created a trust. According to the terms of the will, income from the trust was to be paid to his two surviving...

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