McMann v. General Accident Assurance Corp.

The controlling question may be stated as follows: May an administrator maintain a suit at law for alleged fraud in the inducement of a settlement release for personal injuries when the settlement was approved by an order of a probate court having jurisdiction in the premises and this order has not been vacated or set aside ?

Plaintiff appeals from an order dismissing his declaration, the trial court holding it to be a collateral attack upon the probate order.

Plaintiff, as administrator, was paid $1,000 in full settlement for the unlawful death of his son Orville McMann. This amount he…