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ESTATE OF CROZER

493 Pa. 352 (1981)

426 A.2d 585

ESTATE of John P. CROZER, Deceased. Appeal of William Diehl LOBER.

Supreme Court of Pennsylvania.

Decided March 13, 1981.

Attorney(s) appearing for the Case

Mary M. Rogers, Philadelphia, for appellant.

L. Pierre Teillon, Jr., Philadelphia, for First Pa. Bank.

Garry P. Jerome, Philadelphia, for trustee and guardian ad litem.

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

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal from a decree of the Orphans' Court Division of the Court of Common Pleas of Delaware County appointing David Van Dyke to serve as a co-trustee of a testamentary trust established by John Crozer. We agree with appellant, objecting beneficiary William Lober, that the appointment of Van Dyke is impermissible under the terms of the trust. Hence we reverse.

I.

Settlor Crozer died testate...

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