In the case of Buchser v. Buchser, a dispute arose over the interpretation of a will and its subsequent trust fund. The testator had left his estate to his wife for her lifetime use, with instructions that upon her death it would be divided equally among their children. However, one child predeceased the mother without issue while another died leaving an heir who was still alive at the time of Mrs. Buchser's death. The Supreme Court ruled that under Pennsylvania law (where this case originated), when a life tenant dies, any remainder interest is distributed according to conditions existing at that moment - meaning only those children or grandchildren alive at Mrs. Buchser's death were entitled to share in distribution of assets from trust fund established by Mr.Buchser’s will.

The dissenting opinion in Buchser v. Buchser argued that the majority's decision to uphold a lower court ruling, which granted Mrs. Buchser alimony despite her adultery, was incorrect and set a dangerous precedent for future cases. The dissenting justices believed that by allowing an adulterous wife to receive alimony, the court was essentially condoning immoral behavior and undermining the sanctity of marriage. They contended that such actions should not be rewarded with financial support from the innocent spouse who had been wronged by infidelity. Furthermore, they expressed concern about how this ruling might impact societal views on marriage and morality if it were allowed to stand unchallenged.