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IN RE FRANCIS EDWARD McGILLICK FOUND.

537 Pa. 194 (1994)

642 A.2d 467

In re FRANCIS EDWARD McGILLICK FOUNDATION. Appeal of Patrick CORBETT, Francis Corbett, Louis Anania and Robert Barozzini, Trustees of Francis Edward McGillick Foundation at No. 9. Cross-Appeal of The Roman Catholic Diocese of Pittsburgh Pennsylvania at No. 10.

Supreme Court of Pennsylvania.

Decided May 26, 1994.

Attorney(s) appearing for the Case

Russ J. Ober, Jr., Meyer, Unkovic & Scott, Vince J. Grogan, Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, for appellants at No. 9 and appellees at No. 10.

Ralph H. German, A. William R. Bishop, Jr., William R. German, Sherrard, German & Kelly, P.C., Pittsburgh, for appellant at No. 10 and appellee at No. 9.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This case involves an incidental beneficiary of a trust seeking the equitable relief of removal and surcharge of trustees. The orphans' court granted the drastic remedy of removal of the trustees, which was affirmed by the Superior Court. 406 Pa.Super. 249, 594 A.2d 322. We granted an appeal by allowance.

The following history...

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