Given's Estate

Citations

• 232 Pa. 3
• 81 A. 64
• 1911 Pa. LEXIS 665

Syllabus

<p>Wills — Probate—Citation—Res adjudicata — Estoppel.</p> <p>On the death of decedent there were found two wills. In proceedings to contest the second will certain grandchildren of decedent were not cited, but a daughter of the decedent was cited to appear. This will was sustained as valid. Subsequently an appeal was taken from the register’s decree probating the first will. In this proceeding the grandchildren and the daughter were duly cited, and it was conceded therein that the second will was valid and the court accordingly decreed the vacation of the first will. Thereafter the daughter petitioned for an appeal from the probate of the second will which had been duly probated after the first will had been vacated. Held, that the daughter was estopped from contesting the validity of the second will.</p>