Philip R. Shawe and Shirley Shawe, Respondents Below-Appellants v. Elizabeth Elting, Petitioner — Valihura, J…

Summary

Justice Valihura dissented from the Court of Chancery's authorization of a custodian-supervised sale of a solvent corporation over stockholder objection. She reasoned that Section 226 does not expressly authorize a custodian to force a stockholder to sell personal-property shares, and that the statutory scheme and common-law preference for minimally intrusive custodial remedies require a narrower construction. The dissent would have required consideration of less drastic measures, such as a temporary tie-breaking director or independent directors.