Commonwealth Trust Co. General Mortgage Investment Fund Case

Concurring Opinion by

Mr. Chief Justice Maxey:

I concur in the opinion filed by Justice Patterson because of my respect for the realities of the situation. Before the legislature passed the Act of May 24, 1945, P. L. 944, it was an obligation of a fiduciary to accept a higher offer for the sale of trust property after the court’s approval of the first sale provided the sale had not been consummated. When after H. J. Shapiro on February 6, 1946 made the “highest bid” of $61,000 and the court accepted his bid and authorized the fiduciary to execute a deed for the property upon certain terms and…