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IN RE ISCHY TRUST, ETC.

490 Pa. 71 (1980)

415 A.2d 37

In re TESTAMENTARY TRUST CREATED UNDER the LAST WILL AND TESTAMENT OF LaVerne K. ISCHY. Inter Vivos Trust Created By LaVerne K. Ischy and Donald C. Keister. Appeal of the SCOTTDALE BANK & TRUST COMPANY, Formerly the Scottdale Savings & Trust Company, Testamentary Trustees Under the Last Will and Testament of LaVerne K. Ischy, Deceased, and Trustees Under the Inter Vivos Trust Created by LaVerne K. Ischy and Donald Keister.

Supreme Court of Pennsylvania.

Decided May 30, 1980.

Attorney(s) appearing for the Case

David W. Cook, James R. Gaut, John W. Pollins, III, Hammer & Pollins, Greensberg (Sp. Counsel), for appellant.

Dominic Ciarimboli, Ralph Conrad, Greensburg, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

The Scottdale Bank & Trust Company, trustee, appeals from the denial of certain compensation for the administration of two trusts. The orphans' court refused compensation on the ground that appellant had waived its right to the disputed fees. Careful review convinces us that the record cannot support the orphans' court's conclusion and accordingly we reverse.

The present litigation began in October 1976...

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