Juday, Extr. Etc. v. Lantz

Dissenting Opinion

Royse, J.

I cannot agree with the majority opinion in this case. I believe it contravenes well-established principles enunciated in prior decisions of this court and the Supreme Court.

Subdivision (b) of Item 2 of the will of John A. Pence, which is the source of this litigation, provides as follows:

“‘(b) The other one-half (%) of the residue of my estate, I will, devise and bequeath over to my son, Samuel O. Pence, — he to have the rents, profits and income thereof during the time that he and his present wife, Fern Pence, shall sustain to each other the relationship of…