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.