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In re Estate of Earle

Supreme Court of Pennsylvania
85 A.2d 90 (1951)


George Earle, Jr., who died on February 19, 1928, left a will stating that if his estate was worth more than $5 million after taxes, “each and every one” of his grandsons, bearing the last name Earle, would receive $100,000 from a trust he established. On July 11, 1949, one of Mr. Earle’s grandsons, Anthony Wayne Earle, was born. This action was brought to determine whether this grandson was entitled to $100,000 from Mr. Earle’s trust. The trial court determined that this grandson was not entitled to the $100,000 gift, as “the rule of convenience” dictated that the gift only applied to grandsons alive during Mr. Earle’s life. The decision was appealed to the Supreme Court of Pennsylvania.

Rule of Law


Holding and Reasoning (Ladner, J.)

Dissent (Stearne, J.)

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