Pavlikowski v. EHRHARDT

Dissenting Opinion by

Montgomery, J.:

I dissent from the majority in this case because it is clear to me that the testator intended to preserve his home for his three children until such time as they might mutually agree to sell it. At the time the will was drawn and at the time of testator’s death, he and his three children lived together. The son was married but the two daughters were unmarried. The son sold his interest to plaintiffs-appellees, who now, as persons outside the family group, seek to accomplish the ejectment of the two daughters from their family home by means of this partition…