Succession of Fertel v. Fertel

I respectfully dissent because of the well-known pronouncement that the office of a judge is jus disere, not jus dare — to interpret law, not make law or give law.

When our learned Brother below, over the objection of the minors, ordered that each of the ten properties be sold separately to the highest bidder, with the exception of the adjoining properties 1036 Canal Street, and 114 South Rampart Street and 118 South Rampart Street, which were to be offered en masse, and after being thus offered they were to be again offered in globo with the adjoining property located at 1028 Canal Street,…