Cunningham Estate

Opinion by

Mb. Justice Benjamin B. Jones,

These appeals involve a reexamination of the century-old “Pennsylvania Buie of Apportionment” with particular reference to its application to certain stock distributions made to a trustee1 by the General Electric Company and the Gulf Oil Corporation.

Edith B. Cunningham died testate, October 11, 1933. By will she created a trust of her residuary estate and appointed as trustee the Fidelity-Philadelphia Trust Company. Under this trust two-thirds of the income is payable to testatrix’ son, John B. Cunningham, for life and, upon his death, two-thirds of the…