Opinion
March 18, 1970.
January 7, 1971.
Argued March 18, 1970. Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
Appeal, No. 4, March T., 1970, from decree of Court of Common Pleas, Orphans' Court Division, of Beaver County, No. 246 of 1954, in case of Meyer Berkman et al. v. Mellon National Bank and Trust Company. Decree affirmed; reargument refused February 16, 1971.
Petition for citation to surcharge testamentary trustee. Before REED, P. J.
Order entered granting petition and surcharging trustee; trustee's exceptions to order dismissed. Trustee appealed.
Harold F. Reed, Jr., with him G. Donald Gerlach, William M. Robinson, and Reed, Sohn, Reed Kunselman, and Reed, Smith, Shaw McClay, for appellant.
W. Walter Braham, with him Braham, Mitsos McCracken, for appellees.
Decree affirmed by an evenly divided court.
Mr. Justice COHEN took no part in the decision of this case.