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IN RE ESTATE OF FLEISHMAN

479 Pa. 569 (1978)

388 A.2d 1077

In re ESTATE of Harry S. FLEISHMAN, Deceased. In re Trust for Mildred S. FLEISHMAN. Appeal of Harry S. FLEISHMAN, Jr., Foster S. Goldman and Foster S. Goldman, Jr.

Supreme Court of Pennsylvania.

Decided July 14, 1978.

Attorney(s) appearing for the Case

Bernard Eisen, Foster S. Goldman, Jr., Berkman, Ruslander, Pohl, Lieber & Engel, Pittsburgh, for appellant.

Robert G. Lovett, Pittsburgh, for Betty J. Cornell, beneficiary under Will of Mildred S. Fleishman.

S. Allen Vatz, Pittsburgh, for Mellon Bank, N.A., trustee under Will of Harry S. Fleishman.

Abraham Pervin, Pittsburgh, for Mellon Bank, N.A., trustee under Will of Mildred S. Fleishman.

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

OPINION OF THE COURT

ROBERTS, Justice.

In this appeal,1 we affirm the decree of the Orphans' Court Division of the Court of Common Pleas of Allegheny County directing testator Harry Fleishman's residuary estate to pay additional inheritance tax owed the Commonwealth.

Harry Fleishman died testate in 1955. In Article THIRTEENTH of his will, Testator established a marital trust for the benefit of his wife Mildred:

...

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