Maguire v. Osborne

Dissenting Ópínion by

Mr. Justice Bell:

The majority opinion gives, unintentionally of course,, a completely distorted pictui’é of the facts, and consequently reaches an unjustifiable conclusion;

*442Lawrence H. Maguire, husband of the plaintiff, was manager of the business of Fibreflex Packing and Manufacturing Co. At his death on March 3, 1946, he owned 12 shares of Fibreflex stock which he left to plaintiff. The stock was then appraised at $450. The corporation had outstanding 40 shares of stock of which Mrs. Scheer owned 28 shares. Mrs. Scheer died in July, 1947, and her nephew, Arthur Osborne,…