Dickson v. Commonwealth Trust Co.

Dissenting Opinion by

Mr. Justice Allen M. Stearne:

The trust agreement which this Court is required to construe reads:

“COMMONWEALTH TRUST COMPANY OF PITTSBURGH

“June 9th, 1928

“Charles A. Dickson,

Commonwealth Bldg.,

Pittsburgh, Penna.

“Dear Mr. Dickson:

“This will acknowledge receipt from you of $75,000.00 which, you have left with us for the purpose of creating a voluntary trust.

“Of this amount, we are prepared immediately to invest $35,000 in 6% mortgages, which will net you 5.3%. The remaining $40,000 we will invest in 5.4% mortgages, which will net you 4.7%. As soon as 6% mortgages are…