Meyer Will

Dissenting Opinion by

Mr. Justice Cohen:

Since the majority has decided to dispose of this case in a per curiam opinion, in order to put this dissent in a proper perspective, it is necessary at the outset to detail the factual background giving rise to the matter in dispute.

On November 8, 1964, Charles J. Meyer, Jr., died unmarried and without issue. His only heirs surviving him are his nephews, Charles F. Meyer and John W. Meyer, appellants. On the day following decedent’s death, three friends of decedent went to his home to get clothes for his funeral and if possible to see if there was a…