In re Estate of Banes

ORDER

The Court being equally divided, the decree of the Orphans’ Court is affirmed. Each party pay own costs.

NIX, J., did not participate in the consideration or decision of this case. ROBERTS, J., filed an Opinion in Support of Affirmance in which O’BRIEN, J., joined. EAGEN, C. J., would affirm the decree of the Orphans’ Court. MANDERINO, J., filed an Opinion in Support of Reversal in which LARSEN, J., joined. POMEROY, J., would reverse the decree of the Orphans’ Court.

OPINION IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

Appellant, Shell Oil Company, seeks to carve out an unwarranted, special…