Borga v. Hendrickson

Firm in the belief that the rule followed in the majority. opinion does not apply to the will here involved, I dissent.

It is most likely, and dangerously so, that the effect of the ruling as announced in the opinion would take too many of the decisions made by executors out of the control of the probate court. In all the cases cited in the majority opinion, in support of the ruling, the will involved gave the executor undeniable and complete discretion as I will later demonstrate.

Before us is paragraph 21 of Hirshorn’s will in the following words:

“21. As to my one-half interest in the…