Rose v. Rose

Opinion by

Me. Justice Arnold,

In this action brought under the Uniform Declaratory Judgments Act of 1923, P. L. 840, as amended, 12 PS §831 et seq., and tried by the court below without a jury, 1 defendants appeal from judgment entered for plaintiff by the court en banc.

Involved is the validity and effect of a written instrument executed solely by plaintiff, wherein he agreed to set over and bequeath at his death all of his stock in Best Markets, a large food chain, one-lialf to his only son, the defendant, Bernard Rose, and one-half to his son’s children; not to sell or alienate the stock…