Earle Estate

Dissenting Opinion

Bolger, J.,

June 15, 1951. — The majority opinion and the adjudication are falsely premised. None of the authorities cited support any principle of construction which would close the class at the date of testator’s death or at the audit of the executors’ account. The only principle of law which could possibly accomplish this purpose is the rule of convenience upon which the majority opinion does not rely and which, as hereinafter stated, I understand the adjudication holds inapplicable. Actually the apposite Pennsylvania and other authorities all support the inclusion of…