Greenawalt's Estate

Dissenting Opinion by

Mr. Justice Stern:

There is no express provision in the will which authorizes the retention of non-legal securities, nor can I find in its phraseology any grant of such authority made with the “utmost clearness” required by our decisions (Barker’s Estate, 159 Pa. 518, 528, 529, 28 A. 365, 367; Taylor’s Estate, 277 Pa. 518, 524, 121 A. 310, 311). Apart from that, however, I must dissent in this case because of certain other contentions made by appellants which I believe to be sound.

Testator died in 1898, and, while he appointed executors (his wife and the Commonwealth Trust…