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ESTATE OF ROSENBERG v. DEPARTMENT OF PUBLIC WELFARE

545 Pa. 27 (1996)

679 A.2d 767

Estate of Mary ROSENBERG, deceased, Appellant, v. DEPARTMENT OF PUBLIC WELFARE, Appellee.

Supreme Court of Pennsylvania.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Jerry B. Chariton, David E. Schwager, Wilkes Barre, for M. Rosenberg.

Edward P. Carey, Pittsburgh, Jean E. Graybill, Harrisburg, Peter Speaks, Pittsburgh, for DPW.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This case involves the interpretation of a testamentary trust, presenting the question of whether a trustee had discretion to preserve the principal of the trust for the benefit of remaindermen rather than to expend it for the sole life beneficiary, when the latter course would, arguably, benefit only the Department of Public Welfare. The department held that the trustee had no discretion to preserve the trust...

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