McCown's Estate

Citations

• 221 Pa. 324
• 70 A. 784
• 1908 Pa. LEXIS 484

Syllabus

<p>Trusts and trustees — Separate use trust — Adjudication—Accounts— Res adjudicata — Practice, O. C.</p> <p>Where upon the audit of an executor’s account, the court awards a fund to a trustee for the sole and separate use of a daughter of the testator, and the daughter, although claiming that she was entitled to the gift absolutely, took no appeal from the decree, she cannot subsequently at the audit of an account of the trustee filed for the purpose of exhibiting the state of the trust, raise the same question, inasmuch as that question is res adjudicata by reason of the previous decree of the court.</p>