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ESTATE OF TOLAND

495 Pa. 482 (1981)

434 A.2d 1192

ESTATE OF Robert TOLAND, Deceased. Appeal of Morris LLOYD and Girard Trust Bank, Trustees.

Supreme Court of Pennsylvania.

Decided September 24, 1981.

Attorney(s) appearing for the Case

Robert Montgomery Scott, C. Suzanne Buechner, Philadelphia, for appellant.

Lawrence Barth, Deputy Atty. Gen., for Commonwealth.

Ross Weiss, Wyncote, for Whitemarsh Township.

Roger B. Reynolds, and R. Stephen Barrett, Norristown, for Montgomery County.

Philip A. Bregy, Cuthbert H. Latta, Philadelphia, for Toland, Jr., Toland, Drinker, and Ruf.

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

OPINION

KAUFFMAN, Justice.

This is an appeal from a final decree of the Orphans' Court of Montgomery County construing the will and codicil of Robert Toland ("testator").1 The principal issue presented is whether testator intended to make a gift of certain of his real estate known as "Aubrey" to the entities named in a codicil or whether he intended simply to create a right of first refusal to purchase the property. In a declaratory...

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