Wolf v. Gerlach

The question involved in this case arises by reason of the shrinking of the assets of the brewing company by virtue of prohibition legislation making a continuance of the business on the part of the brewing company unlawful and destroying its value as a going concern. There *255is no doubt that prior to such legislation the brewing company was in a healthy financial condition, doing a good business and having a substantial value as a going concern. It had earned profits subsequent to the death of the testator which, if distributed in the form of dividends, belonged to the appellant as life…