Opinion

Meyers Estate

  • 416 Pa. 516
  • 206 A.2d 37
  • 1965 Pa. LEXIS 714
Court
Supreme Court of Pennsylvania
Filed
Jan 5, 1965
Status
Published
Author
Roberts
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
4 cases

The opinion

Concurring Opinion by

Mr. Justice Roberts:

I join in the opinion of the Chief Justice. In my view, the issue raised in this appeal is whether the testatrix’s intent, as expressed in her will, was such that the value fixed by the appraisers was to be conclusive. A reading of the will satisfies me that such was, in fact, her intent.

The method of selecting the appraisers was carefully set out in the will. The entire import of the testamentary direction indicates that, having given Davis and the other executors the opportunity to participate in the selection of the appraisers, testatrix would be content with the results produced. Testatrix recorded her confident belief that the panel of appraisers, so constituted, would fix a just and a fair value. She also announced her satisfaction with the value so determined and thereby rejected any attack on the valuation itself.

*522 In effect, she provided that her real estate, valued in accordance with her designated plan, for purposes of the purchase option granted to her fiduciary-legatee, was not subject to question. In the absence of fraud or other impropriety, her expressed desire must prevail.

Mr. Justice Jones and Mr. Justice Eagen join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.