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ESTATE OF duPONT

475 Pa. 49 (1977)

379 A.2d 570

ESTATE of Philip F. duPONT, Deceased. Appeal of William R. SHORE, Harry T. Devine, and Girard Trust Bank, Trustees Under the Will of Frances duPont Rust in Exercise of Her Power of Appointment Under the Will of Philip F. duPont for the Benefit of Carroll Morgan Carpenter and Her Issue.

Supreme Court of Pennsylvania.

Decided October 28, 1977.

Rehearing Denied November 30, 1977.

Attorney(s) appearing for the Case

Robert M. Landis, Philadelphia, for appellant.

H. Ober Hess, Philadelphia, for appellee, Carroll M. Carpenter.

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

OPINION OF THE COURT

ROBERTS, Justice.

Philip F. duPont died testate in 1928, leaving one-third of the residue of his estate to the Fidelity-Philadelphia Trust Company in trust for the benefit of his daughter, Mrs. Frances duPont Rust. In his will, Mr. duPont created in Mrs. Rust a special testamentary power of appointment over the one-third share of the residue. The will provides that Fidelity-Philadelphia is

"upon her death to transfer, assign...

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