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.