Messinger Estate

WOLFE, P. J.,

Before the court is the petition of the Marine National Bank, Erie, Pa., a trustee under an inter vivos trust, to purchase realty from decedent’s estate. Petitioner is acting in the dual fiduciary capacity as trustee of the inter vivos trust and as executor under the last will and testament of decedent.

In his lifetime, decedent, then a widower, created the trust agreement in question under date of July 22, 1965, providing, inter aha, article 4;

“Upon the death of the settlor, the Trustee shall divide the trust into as many equal shares as the settlor shall have children then…