Testamentary Trust of Paszotta v. Calumet National Bank

CONCURRING OPINION

Gonas, J.

After giving to the opinion of the Supreme Court of the United States, the respectful consideration to which it is entitled, I am able to concur in this opinion which follows the reasoning of the Supreme Court in its conclusion upon which it is propounded. Rogers, etc. v. Calumet National Bank of Hammond *616etc. (1959), 358 U. S. 331, 3 L. Ed. 2nd 344, 79 S. Ct. 350.

The individual privilege to dispose of property by will is the creature of positive law and is carefully guarded and protected.

There is no question that the decedent had the capacity to dispose of his…