Bowen Estate

Dissenting Opinion

Bolger, J.,

May 6, 1955. — Courts have recently been terminating trusts with such frequency that some danger signals should be raised in addition to those expressed in Bosler’s Estate, 378 Pa. 333. The zeal with which existing hardship of the beneficiaries, or the difficulty of administering the trust is utilized as the fundamental reason for termination, has led to courts seizing upon any possible basis of equity to accomplish the purposes. Reflection reveals that in some instances the grounds are really tenuous or are actually without foundation.

We should be more concerned…