Lawman v. Peoples Savings & Trust Co.
Supreme Court of Pennsylvania
Lawman v. Peoples Savings & Trust Co., 279 Pa. 151 (Pa. 1924)
123 A. 676; 1924 Pa. LEXIS 689
Frazer, Moschzisker, Sadler, Schaffer, Simpson, Walling
Lawman v. Peoples Savings & Trust Co.
Opinion of the Court
This is a suit to recover damages for the alleged fraudulent destruction of a codicil to the will of plaintiff’s mother, by which, it is averred, testatrix gave her daughter an income considerably larger than provided for the latter in the probated document. As is correctly said by the court below, plaintiff, in prior proceedings recited in her statement of claim, shows “a complete adjudication [against herself] of the question of whether or not there ever was......in the hands of these defendants,......a codicil” such as she now alleges: see Lawman’s Est., 272 Pa. 237. This being the case, no error was committed in sustaining the demurrer and entering judgment for defendants.
The judgment is affirmed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Res adjudicata — Suit for destruction of codicil — Wills — Demurrer. In an action to recover damages for an alleged destruction of a codicil to a will, a demurrer will be sustained where the statement of claim shows that there had been a complete adjudication of such question against plaintiff in prior legal proceedings.