Smyth v. Thomas

With profound respect, I express my concurrence and disagreement with the court’s holding *258in this case, and, although time presses, I feel obligated to state my views.

To assist the reader, Charles H. Smyth, the testator, is referred to as the testator, and Anna M. Smyth, his wife, is referred to as Anna. Mae Bell Smyth Hyde, the daughter, is referred to as Mae Bell; Charles F. Smyth, the son, is referred to as Charles, and Constance Jane Harrington Winters, the daughter, is referred to as Constance.

First, I concur in a part of the courts holdings and the corresponding portions in its opinion.…