Obici v. Third National Bank & Trust Co.

Dissenting Opinion by

Mr. Justice Musmanno:

As the little acorn can rear a mighty oak, the lowly peanut in this case created a commercial empire of plantations, factories, offices, warehouses and stores. Its guiding genius was Amedeo Obici who arrived in this opportunity-blessed land of America from Italy circa 1888 and died in 1947.

On January 13, 1945, Amedeo Obici created a “Friends and Relatives” trust whereby his brother Frank A. Obici with Frank’s children were to enjoy a substantial part of Amedeo’s estate upon his death. After his death, there came to light a paper known as an Amendment…