Bowdry v. Stitzel-Weller Distillery

DAVISON, V.C.J.

(dissenting)]. I cannot concur in the reasoning nor the conclusion reached in this case by the majority of the court. In discussing my views, some facts, not set out in the foregoing opinion, are of importance. This action is not one wherein tljie heirs or other persons having an interest in the estate are complaining of the acts of the executors, but is one founded upon the objections of a would-be purchaser to the confirmation of a sale of property of the estate to another.

The property consisted of 100 barrels of whiskey, in storage with the Stitzel-Weller Distillery,…