Grimm Estate

Opinion by

Me. Justice Jones,

The issue (narrow in scope but complex in nature) presented on these appeals is: under the will and two codicils thereto of Daniel Grimm (testator), should distribution of the principal of a testamentary trust be made per stirpes or per capita among the several classes of testator’s descendants. The court below—the Court of Common Pleas, Orphans’ Court Division, of Venango County—decreed distribution per capita among testator’s grandchildren and per stirpes among testator’s great-grandchildren.

Testator, a Venango County resident, died June 1, 1928, survived by his…