In re the Estate of Faber

In my opinion the facts as revealed by this record do not justify the decision about to be made, the net result of which is to create an unnatural and unintended discrimination between testator’s two infant daughters. I, therefore, dissent.

In July of 1946, Max Faber executed his last will and testament. At that time he had a wife and a small daughter, Adell, for both of whom he provided in his will. Three years later, in June, 1949, a second daughter was born to the testator and his wife, nine months before the testator’s death in 1950. Sandra, the second daughter, is neither provided for nor…