Kemper v. Fort

Citations

• 219 Pa. 85
• 67 A. 991
• 1907 Pa. LEXIS 609

Syllabus

<p>Libel — Libelous matter in pleadings — Privileged communication.</p> <p>When alleged libelous matter in pleadings is relevant and pertinent there is no liability for uttering it. Where the question of the relevancy and pertinency of matters alleged in pleadings is to be inquired into, all doubt should be resolved in favor of relevancy and pertinency.</p> <p>Where a testator devises and bequeaths a portion of his estate to his executors, to pay over the income to a daughter for life, and after her death to divide the principal among her children, and á guardian of one of the two children of the daughter files a petition for a review of the accounts of the executors, and the other son of the daughter notifies the executors that he was her only legitimate child, and that the petitioner’s ward was illegitimate, and the executors set up this matter in their answer to the petition, the daughter cannot maintain an action against them for an alleged libel.</p>