Brereton Estate

Dissenting Opinion by

Mr. Justice Pattebson and Mr. Justice Jones:

We cannot concur with the majority view that the Act of May 24,1945, P. L. 944, is a constitutional interference with the jurisdiction and powers of orphans’ courts.

Before and since the Constitution of 1873 testators and settlors have granted powers of sale relying upon the heretofore unchallenged power of our orphans’ courts to see to it that a fair price for estate assets is realized in the interest of beneficiaries, a class composed largely of widows, minor children and persons unborn. If the Act of 1945 is a valid exercise…