Rotzin v. Miller

Rose, Eberly and Day, JJ.,

dissenting.

Being firmly convinced from the standpoints of law, equity, fact and justice that the opinion of the majority upon a trial ele novo is wrong in every material respect, we are impelled to make a solemn protest against the decision.

The controversy is between plaintiff, who was a female minor, and three men of affairs, defendants, who acted for her during her minority and wrongfully since as trustees in handling for her $5,000 which they received for her from her grandfather under his duly probated will.

The record shows conclusively by uncontradicted evidence…