Opinion

In Re Estate of Tower

  • 463 Pa. 93
  • 343 A.2d 671
  • 1975 Pa. LEXIS 926
Court
Supreme Court of Pennsylvania
Filed
Jul 7, 1975
Status
Published
Author
Nix
On the bench
Jones, Eagen, O'Brien, Roberts, Nix, Manderino, Pomeroy
Cited by
25 cases

court decision that testator intended, by use of terms “children,” "grandchildren,” “issue,” and "lineal descendants,” to exclude adopted children from testamentary trust was res judicata, barring relitigation of claim despite subsequent decisions enlarging rights of adopted children

How later courts described this case

  • court decision that testator intended, by use of terms “children,” "grandchildren,” “issue,” and "lineal descendants,” to exclude adopted children from testamentary trust was res judicata, barring relitigation of claim despite subsequent decisions enlarging rights of adopted children
  • once judgment is final it cannot be collaterally attacked even if mistakes were made in the original proceeding

Written by the judges who cited it.

The opinion

NIX, Justice

(concurring).

I concur in the result reached by the majority because I believe the testator, Charlemagne Tower, did express in his will a clear intent to exclude persons not within his bloodline. I do not accept the majority’s application of the doctrine of res judicata to the instant facts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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