Opinion
December 11, 1940.
December 18, 1940.
Appeal, No. 166, Oct. T., 1940, from decree of O.C. Montgomery Co., No. 34577, in Estate of Calvin Pardee, deceased, etc.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, RHODES and HIRT, JJ. Certified to Supreme Court.
Audit of account of trustees. Before HOLLAND, P.J.
The facts are stated in the opinion of the Superior Court.
Adjudication filed awarding dividends to life tenant and exceptions thereto dismissed. Exceptant, remainderman, appealed.
Errors assigned, among others, related to the dismissal of exceptions to the adjudication.
Harold Evans, with him J. Gowen Roper, for appellant.
W.W. Montgomery, Jr., of Montgomery McCracken, with him Edward G. Taulane, Jr., Aaron S. Swartz, Jr., and John M. Dettra, for appellee.
Argued December 11, 1940.
The six judges, who heard the argument of this appeal, being equally divided in opinion, the decree is affirmed.
All of the judges are of opinion that the questions involved are so important as to make it expedient that the case be decided by the Supreme Court, and it is accordingly certified to that Court for consideration and decision. (Act of June 24, 1895, P.L. 212 Sec. 10).