In re Estate of McMullin

417 A.2d 152, 490 Pa. 502, 1980 Pa. LEXIS 752
CourtSupreme Court of Pennsylvania
DecidedJuly 3, 1980
DocketNo. 140
StatusPublished

This text of 417 A.2d 152 (In re Estate of McMullin) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of McMullin, 417 A.2d 152, 490 Pa. 502, 1980 Pa. LEXIS 752 (Pa. 1980).

Opinion

[504]*504OPINION OF THE COURT

ROBERTS, Justice.

On this appeal, we are asked to determine whether a general testamentary power of appointment over a trust created by a Pennsylvania donor was validly exercised by the donee of the power, an Iowa domiciliary. The donee’s will was probated in Iowa, where an Iowa probate court held that the power of appointment was validly exercised. We agree with the Orphans’ Court Division of the Court of Common Pleas of Allegheny County that this determination of the Iowa court may not be relitigated in or disturbed by a Pennsylvania court. Accordingly, we affirm the decree of the orphans’ court.

Matthew Frank McMullin died on September 8, 1965, a domiciliary of Pennsylvania. By Paragraph Fifth of his will dated March 4, 1958, Matthew McMullin created a trust in favor of his wife Leona Minetta McMullin, giving her the trust income for life plus the power to invade the principal.

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Bluebook (online)
417 A.2d 152, 490 Pa. 502, 1980 Pa. LEXIS 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-mcmullin-pa-1980.