In Re Estate of Tower
In Re Estate of Tower
Opinion of the Court
Charlemagne Tower, a resident of Philadelphia, died on July 24, 1889. He left a will dated May 21, 1889, by which he put his residuary estate in trust for the benefit of his family. The trust is to run for a period of twenty-one years beyond the death of the survivor of a group comprising testator’s five children and five grandchildren who were living at his death.
Originally, the trust income was payable to the testator’s widow and children, all of whom died some years ago, and the income is now payable to any living grandchildren and to spouses and descendants of deceased grandchildren.
The present controversy concerns the share of Geoffrey Tower, who was a grandson of the testator. Geoffrey died in 1957 and was survived by a widow and four children — two natural children and two adopted children. The widow’s name was Annette Tripp Tower; the natural children are Charlemagne Tower, IV, and Helen Tripp Tower Brunet; the adopted children are Annette Tower Ragsdale and Tripp Tower, the appellants. The adopted children were Annette’s (Geoffrey’s wife’s) children by a prior marriage. In 1941, Geoffrey legally adopted them as his own.
At the time of his death Geoffrey was receiving a c/4sths share of income of the trust. One-fourth of this became payable to his widow for the period from his death in 1957 to her death in 1959, because under his grandfather’s will he had a power to so appoint and he exercised it. The other three-fourths of Geoffrey’s %sths share, and all of it since his widow’s death in 1959, is payable to his children. The sole issue is whether this income is payable to all four of Geoffrey’s children or only to his two natural children.
In 1972, this Court filed its decision in Tafel Estate, 449 Pa. 442, 296 A.2d 797, which altered the law in Pennsylvania by allowing adopted children to share in testamentary bequests on an equal basis with natural children. On the basis of the new rule of law announced in Tafel, the adopted children of Geoffrey Tower contend that they are now entitled to participate prospectively in their adoptive father’s former share of income.
Testator was an astute, wealthy businessman. His will was clearly and carefully drawn by an obviously learned scrivener. He attempted to leave no detail to chance. He set up a trust to pay the income so long as permitted under the rule against perpetutities, on a per
“The controlling element in the construction of every will is of course the intention of the testat[or]. Mulert Estate, 360 Pa. 356, 61 A.2d 841 [1948]. This intent must be ascertained by a consideration of the entire will which is to be read in the light of the surrounding circumstances at the time it was written.1 March Estate, 357 Pa. 216, 53 A.2d 606 [1947], Since there is no uncertainty or ambiguity in the will, the meaning must be ascertained from the language therein. It is not what this Court thinks [he] might or would have said, or even what the Court thinks [he] meant to say, but what is the clear meaning of [his] words.”
Bigony Estate, 397 Pa. 102, 104, 152 A.2d 901, 903 (1959).
Testator identified his children and grandchildren by name in his will. He then provided that during their lives his children were to receive income. He then specified that the share of income of a child who died was to be “divided among the children and issue of deceased children” of such child. He made similar provision for his grandchildren and more remote lineal descendants.
Our task in Tower I was to determine the intent of the testator as reflected in his constant references through
In Tower I, this Court based its conclusion that the adopted children were not to participate in the trust on the language used by the testator. We there stated:
“[ T]he instant testator’s will controls the controversy. His meaning must be determined from his will in light of the law in effect on July 24, 1889. His will begins with words of blood, viz., ‘children’, ‘grandchildren’, ‘issue’ and ‘lineal descendants’, and closes with ‘descent from me’, also words of blood. It is inescapable that testator, by the language he used, intended to include only relatives of his blood and to exclude- strangers to the blood, as subsequent takers of income on a grandchild’s death. [The adopted children], therefore, are not entitled to share.”
410 Pa. at 393, 189 A.2d at 872-73.
Since this Court held in Tower I that a clear intent regarding adopted children existed in the will of
“Broadly stated, the rule of res judicata is that when a court of competent jurisdiction has determined a litigated cause of action on its merits, the judgment entered, until reversed, is, forever and under all circumstances final and conclusive as between the parties to the suit and their privies, in respect to every fact which might properly be considered in reaching a judicial determination of the controversy, and in respect to all points of law there adjudged, as those points relate directly to the cause of action in litigation and affect the fund or other subject-matter then before the court.”
Wallace’s Estate, 316 Pa. 148, 153, 174 A. 397, 399 (1934). Accord, Downing v. Hall Bros., 395 Pa. 402, 150 A.2d 719 (1959). Traditionally, there must be four identities existing between two suits in order for the doctrine of res judicata to apply to the suit later in time: (1) identity of the thing or subject matter sued for; (2) identity of the cause of action; (3) identity of parties to the actions; and (4) identity of the quality or capacity of the parties suing and being sued. Burke v. Pittsburgh Limestone Corp., 375 Pa. 390, 100 A.2d 595 (1953); Bennett v. Erwin, 325 Pa. 330, 189 A. 675 (1937). The rationale of the doctrine of res judicata is to bring an end to vexatious and repetitious litigation, the prohibition against renewed litigation of an old cause of action applies even though the statute upon which a valid judgment is based is later declared unconstitutional and void. Strauss v. W. H. Strauss & Co., Inc., 328 Pa. 72, 76-77, 194 A. 905 (1937); Philadelphia v. Ridge Avenue Railway Co., 142 Pa. 484, 493, 21 A. 982 (1891).
“Where a reasonable opportunity has been afforded to the parties to litigate a claim before a court which has jurisdiction over the parties and the cause of action, and the court has finally decided the controversy, the interests of the State and of the parties require that the validity of the claims and any issue actually litigated in the action shall not be litigated again by them.”
Comment b to Section 1 provides:
“The principle stated in this Section is applicable although the judgment was erroneous, either on the law or on the facts. The unsuccessful party has an opportunity to attack the judgment by steps properly taken in the action in which the judgment is rendered. He. may take proceedings in the trial court to have the judgment set aside. He may take proceedings in an appellate court to have it reversed. He cannot, however, in a subsequent action relitigate the matters determined by the judgment.”
Citing Section 1 and comment b of the Restatement of Judgments with approval, this Court has succinctly summarized the principle: “Thus any mistakes in the original judgment are wrapped up in that judgment and cannot be inquired into thereafter.” Burke v. Pittsburgh Limestone Corp., 375 Pa. 390, 396, 100 A.2d 595, 599 (1953); Delaware River Port Authority v. Pennsylvania Public Utility Commission, 408 Pa. 169, 175, 182 A.2d 682, 685 (1962). See also Knowles’ Estate, 295 Pa. 571, 145 A. 797 (1929); Bolton v. Hey, 168 Pa. 418, 31 A. 1097 (1895).
That a subsequent change in the judicial view of the law shall have no effect on a valid prior adjudication of
Appellants claim that res judicata cannot be applied in this case because one of the necessary identities is lacking. They assert that there is no identity of subject matter between Tower I and the present appeal. Tower I dealt with the right to a fund of income accruing up to 1960 and distributed after that date. The appellants here are concerned only with a fund of income accrued since December 11, 1969, and not yet distributed. The appellants are not concerned with any fund which has been properly distributed as a result of a decree of this Court. It is thus claimed that since an entirely different fund is now before this Court than was before the Court in Tower I that decision cannot be res judicata here.
Kellerman’s Estate, 242 Pa. 3, 11-12, 88 A. 865, 868-69 (1913), set forth the “separate funds” doctrine as an exception to the classic res judicata rule:
“The questions of fact which are made the subject of dispute in the earlier adjudication and which were there determined may not again be made the subject of controversy between the parties on the second distribution ; the parties to the dispute having had their day in court, and these questions having once been determined by legal method of inquiry, the findings with respect to them must be allowed the same conclusiveness as a verdict of a jury in a common-law action. But the rule of estoppel does not extend to the law which was applied in the earlier distribution to the facts*103 there ascertained when it comes to the second distribution. Though the decree in the first may have rested on a mistaken application of a rule of law, a circumstance which can only be inquired into on appeal, so long as the decree stands it is conclusive with respects to all rights in the fund distributed; but it cannot be made the basis of an estoppel when another distinct fund is tó be distributed, though it be part of the same estate.”
In Brown Estate, 408 Pa. 214, 230, 183 A.2d 307, 315 (1962), this Court, holding that a prior decision on the distribution of income was not res judicata in a subsequent accounting, stated:
“[Bjecause a ruling of law by an Orphans’ Court upon the distribution of a portion of an estate is not binding upon the Court in a subsequent adjudication relating to another portion of the same estate, the broad general principle of res judicata does not apply.” The doctrine of “separate funds” for two different ac-
countings of income of a trust is a deviation from the res judicata principle which has been applied exclusively to cases arising in the Orphans’ Court. It has been followed in this Commonwealth for many years. E. g., Arrott Estate, 421 Pa. 275, 217 A.2d 741 (1966); Reamer’s Estate, 331 Pa. 113, 200 A. 35 (1938). Cf. Pew Trust, 411 Pa. 96, 191 A.2d 399 (1963).
However, Kellerman’s, Brown, Arrott and Pew did not allow relitigation of a question which affected vested property rights. In Kellerman’s, the appellant was allowed to reargue that a new rule of law gave her a vested legal estate rather than a vested equitable estate. Brown involved the question of proper investment of trust assets and Arrott and Pew concerned the proper choice between judicially created and legislatively enunciated rules of apportionment of stock dividends between income and principal. As was stated in Catherwood Trust, 405 Pa. 61, 77, 173 A.2d 86, 93 (1961), “[t]here is
Although the definition of income or the status of investments may change from one accounting to another, neither court nor legislature may destroy the natural issue’s property rights in the trust income. To hold that adopted children are entitled to trust income would be to partially destroy the natural children’s vested rights to the income, which rights were confirmed in Tower I.
“Stated otherwise, if there be income arising from the trust, in such income the [natural children] have such a property right that brooks no . interference.”
Catherwood Trust, 405 Pa. at 72, 173 A.2d at 91. The “separate funds” doctrine cannot be used to encroach upon vested rights.
Reamer’s Estate, supra, is the case which most strongly supports the appellants’ position. There, this Court allowed the adopted niece of the intestate decedent a review of the decree of confirmation of the account after an earlier review by this Court (Reamer’s Estate, 315 Pa. 148, 172 A. 655 (1934)) had affirmed the Orphans’ Court’s first distribution. Appellant contended in Reamer's II that there was error manifest upon the face of the record and that she was a party in interest capable of acting as administratrix because she had a statutory right as an adopted child to share in the intestate estate of her aunt. But the rule of law in Reamer’s I which had precluded the niece from relief was characterized in Reamer’s II as “so gross a mistake as to amount to a legal fraud,” and as “but an inconsistent interlude in the law of the subject with which it dealt.” Reamer’s Estate, 331 Pa. at 123-124, 200 A. at 38. There was not present in Tower I such an egregious violation of state decisis. In fact, Tower I was consistent with a long line of cases which had preceded it. See, e. g., Holton Estate, 399 Pa. 241, 159 A.2d 883 (1966); Trattner Estate, 394
We hold that res judicata bars the adopted children from relitigating their claim. By no means do we intend to encroach upon the landmark decision in Tafel. Although the law of this Commonwealth is replete with progressive judicial pronouncements and legislative enactments which recognize the rights of adopted children, those statutes and cases cannot be construed as an infringement upon the time-honored doctrine of res judicata. Unless the doctrine of res judicata applies to preclude the claim of the adopted children, questions involv
We hold that the “separate funds” doctrine has no vitality where vested rights, previously affirmed on appellate review, would be affected by a change in the distribution scheme. We further hold that there was no error. of law in Tower I which would militate in favor of a new distribution scheme to include the adopted children of Charlemagne Tower’s grandson.
Decree affirmed. Parties to pay own costs.
. The pertinent portions of testator’s lengthy will are set out in Tower I, 410 Pa. at 390-92, 189 A.2d at 871-72.
Dissenting Opinion
(dissenting).
In Tafel Estate, 449 Pa. 442, 296 A.2d 797 (1972), this Court adopted “ ‘a rule of construction which, in the absence of a clear expression in the instrument of the settlor’s intention to the contrary, would deem adoptees as embraced within such general designations as “issue” or “children”.’ ” Id. at 452, 296 A.2d at 802 (emphasis omitted), quoting Fownes Trust, 421 Pa. 476, 484, 220 A.2d 8, 12 (1966) (dissenting opinion). Yet today the plurality concludes from the use of “children,” “grandchildren,” “issue,” and “lineal descendants” that Tower’s will “clearly illustrates that the bounty of the trust was to be confined to bloodlines only.” Ante at 676. This conclusion is nothing but reliance “ ‘on such cryptic and unrevealing terms as “issue” and “children,” ’ ” which we foreswore in Tafel. 449 Pa. at 451, 296 A.2d at 802. I have no doubt that Mr. Tower “ ‘failed to advert to the possibility of adopted children, their inclusion or exclusion, and, accordingly, expressed no explicit direction one way or the other.’ ” Id. I must conclude that Tower’s will does not contain “any expressed intention . to the contrary,” (id. at 453, 296 A.2d at 803) and, therefore, if the will were before the Court for the first time today, it would be presumed to include appellants as children of Tower’s grandchild. Tower Estate, 410 Pa. 389, 394, 189 A.2d 870, 873 (1963) (dissenting opinion); see Tafel Estate, supra; Chase Manhattan Bank v. Mitchell, 53 N.J. 415, 251 A.2d 128 (1969); Estate of Coe, 42 N.J. 485, 201 A.2d 571 (1964); Estate of Park, 15 N.Y.2d 413, 260 N.Y.S.2d 169, 207 N.E.2d 859 (1965).
II
However, Tower’s will is not before the Court for the first time today. The opinion announcing the judgment attaches significance to that fact which, in my view, is unwarranted. It has long been the law that successive
“ ‘ [T] he rule of estoppel does not extend the law which was applied in . [an] earlier distribution to . . . [a subsequent] distribution. Though the decree in the first may have rested on a mistaken application of a rule of law, a circumstance which can only be inquired into on appeal, so long as the decree stands it is conclusive with respect to all rights in the fund distributed; but it cannot be made the basis of an estoppel when another distinct fund is to be distributed though it be part of the same estate.”
Arrott Estate, 421 Pa. 275, 281, 217 A.2d 741, 745 (1966), quoting Kellerman Estate, 242 Pa. 3, 12, 88 A. 865, 868-69 (1913). Accord, Brown Estate, 408 Pa. 214, 229-31, 183 A.2d 307, 314-15 (1962); Reamer Estate, 331 Pa. 117, 120-24, 200 A. 35, 37-38 (1938); cf. Catherwood Trust, 405 Pa. 61, 173 A.2d 86 (1961).
It is clear to me that Tower I was “a mistaken application of a rule of law.” Therefore, it does not foreclose the Court from applying the law as correctly expressed in Tafel to distributions encompassed in the present and future accountings, for “ ‘[w]hile errors committed with regard to one fund may be irremediable as to it, they do not impose upon the court the necessity of persisting in the same errors in the disposition of a subsequent fund.’ ” Arrott Estate, supra, 421 Pa. at 281, 217 A.2d at 745, quoting Reamer Estate, supra, at 121, 200 A. at 37.
Thus, there is no reason for the Court in this partial account
What we said of the appeal in Arrott Estate, supra, 421 Pa. at 282 n. 7, 217 A.2d at 745 n. 7, is equally applicable in this case: “The instant appeal . . ., involving a distinct and separate fund from that involved in the prior appeal, and arising out of a subsequent accounting, is not the same case as that involved in the prior proceedings before this Court.”
Concurring Opinion
(concurring).
I concur in the result reached by the majority because I believe the testator, Charlemagne Tower, did express in his will a clear intent to exclude persons not within his bloodline. I do not accept the majority’s application of the doctrine of res judicata to the instant facts.
Reference
- Full Case Name
- In Re ESTATE of Charlemagne TOWER, Deceased. Appeal of Tripp TOWER and Annette Tower Ragsdale
- Cited By
- 26 cases
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- Published