Newbold's Estate

Citations

• 65 Pa. Super. 151
• 1916 Pa. Super. LEXIS 33

Syllabus

<p>Wills — Power of appointment — Bes adjudicata — Deed — Trust and trustee.</p> <p>Where a husband and wife by deed convey real estate to a trustee, to pay the income therefrom to the settlor and his wife for life, and upon their deaths to sell the real estate and distribute the proceeds among his children in equal shares, the portions of the daughters to be held in trust for life with power of appointment in them by will, and a daughter who survived her parents, and then died, appointed by will her share to a son, with power of appointment, and, if he failed to appoint, to a trustee for a daughter, and- the trustee under the deed of settlement files an account in the Common Pleas, after the son’s death, and that court awards the fund to the trustee under the daughter’s will, such decree unappealed from, is conclusive against the settlor’s heirs af law who subsequently, at the audit in the Orphans’ Court of the account of the trustee under the daughter’s will, claim the fund on the ground of the invalidity of the appointment by the settlor’s daughter.</p> <p>All persons are privies to a judgment whose succession to the rights of property adjudicated or affected were derived through or under some one of the parties to the action. To render a decree conclusive it is not necessary to be against one by name; it is enough that it is against his interest. The rule of res adjudicata extends to 'every question in the proceedings that was legally cognizable.</p>