Moore Estate

Dissenting Opinion

by Mr. Justice Eagen :

I dissent.

This appeal was originally argued before six members of this Court on April 23, 1969. After careful consideration of the issues involved, the Court found itself equally divided and subsequently entered an order affirming the decree of the court below. The late Mr. Justice Cohen filed an opinion in support of the order of affirmance.1 The appeal was later directed to be reargued and Mr. Justice Roberts has now filed an opinion reversing the decree of the court below.

Together with Mr. Justice O’Brien, I joined in Mr. Justice Cohen’s opinion and…