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
Cohen
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
4 cases

The opinion

Dissenting Opinion by

Mr. Justice Cohen:

As I read Item Twenty-two of the will, the optionees can purchase the property at the price established by the appraiser only if that price represents, as directed by testatrix, “a fair and just value.” Nowhere do I see an indication by testatrix that the value arrived at by the appraisers is, ipso facto, the “fair and just value.” Accordingly, I see no reason why their valuation should be immune from attack merely because there was no fraud, accident or mistake. The function of the appraisers here is like their function in a situation where a testator directs them to value certain stock in his estate at “book value”. Whether they have so done is always subject to litigation unless the testator expressly directs otherwise.

The lower court prevented respondents from contraverting the valuation of the appraisers with testimony as to fair market value. I would reverse and remand with directions to have a hearing on the question of whether the appraisers’ valuation was a “fair and just” one. “Market value” is, of course, most relevant to the inquiry.

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.

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