Opinion
May 19, 1937.
October 8, 1937.
Carwithen's Estate, 327 Pa. 490, followed.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 172, Jan. T., 1937, from decree of O. C. Phila. Co., July T., 1911, No. 239, in Estate of William E. Donovan, deceased. Judgment reversed and petition dismissed.
Lloyd J. Schumacker, trustee ad litem, appellant, in propria persona.
Maurice Bower Saul, with him R. M. Remick, of Saul, Ewing, Remick Saul, for appellee.
Thomas Stokes, with him William Carson Bodine, of Pepper, Bodine, Stokes Schoch, and Morgan, Lewis Bockius, for intervenor.
Henry S. Drinker, Jr., of Drinker, Biddle Reath, filed a brief as amicus curiæ.
Argued May 19, 1937.
This appeal, like that in Carwithen's Estate, 327 Pa. 490, is from a declaratory judgment that testamentary trustees have the right to invest in shares of stock. The opinions filed below are reported in 28 Pa. D. C. Rep. 93. For the reasons stated in the opinion filed in Carwithen's Estate, the judgment is reversed and the petition dismissed, costs to be paid out of the principal of the estate.