Bunce v. Galbrath

Citations

• 268 Pa. 389
• 112 A. 143
• 1920 Pa. LEXIS 701

Syllabus

<p>Wills — Probate—Collateral attach — Trespass against executor— Estoppel — Parties and privies — Proceedings in rem.</p> <p>1. A decree of the register of wills admitting a will to probato, unappealed from within the statutory period, becomes thereafter conclusive, and exempt from collateral attack.</p> <p>2. After a will has been duly admitted to probate, and the time for appeal has expired, a suit in trespass cannot be maintained, by a child of the testatrix against the executor, charging him with fraud and undue influence in procuring the will, to the injury of plaintiff.</p> <p>3. The rule which makes estoppel apply only to parties and privies, has no application in probate proceedings. Such proceedings are in all essentials in rem and not in personam, and are conclusive not merely against the parties and privies to them, but against all the world.</p> <p>Executors and administrators—Trespass against executor—Jurisdiction of orphans’ court—Act of March 21, 1806.</p> <p>4. An action of trespass in the common pleas against an executor charging him with dereliction and failure of duty as executor, cannot be maintained, inasmuch as the orphans’ court has exclusive jurisdiction over all such matters. The Act of March 21, 1806, section 13, 4 Sm. L. 324, 332, is applicable to such a case.</p>