Lease v. Ensminger

Citations

• 5 Pa. Super. 329
• 1897 Pa. Super. LEXIS 245

Syllabus

<p>Res judicata — Conclusiveness of decree of orphans' court in distribution.</p> <p>The decree of the orphans’ court confirming an account is conclusive only as to the funds distributed and does not bind the court when another account in the same estate comes before it for distribution.</p> <p>Ejectment — Res judicata — Decree of orphans' court in distribution.</p> <p>The finding of an auditor confirmed by the orphans’ court excluding a husband from participation in the personal estate of his wife by reason of neglect to support his wife does not operate as res judicata to preclude the husband to have that question determined by a jury in an action of ejectment for the purpose of determining his right to the real estate as tenant by the curtesy.</p>