Lawman v. Peoples Savings & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 165, Oct. T., 1923, by plaintiff, from order of C. P. Allegheny Co., Jan. T., 1923, No. 2074, sustaining statutory demurrer to statement of claim, in suit of Mary E. Lawman v. Peoples Savings and Trust Co. of Pittsburgh and Moorhead B. Holland, Trust Officer. Trespass for alleged fraudulent destruction of codicil to will. Before Evans, J. The opinion of the Supreme Court states the facts. Demurrer sustained. Plaintiff appealed.
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Appeal, No. 165, Oct. T., 1923, by plaintiff, from order of C. P. Allegheny Co., Jan. T., 1923, No. 2074, sustaining statutory demurrer to statement of claim, in suit of Mary E. Lawman v. Peoples Savings and Trust Co. of Pittsburgh and Moorhead B. Holland, Trust Officer. Trespass for alleged fraudulent destruction of codicil to will. Before Evans, J. The opinion of the Supreme Court states the facts. Demurrer sustained. Plaintiff appealed. Error assigned was, inter alia, order, quoting record.
1Opinion of the Court
Per Curiam,
This is a suit to recover damages for the alleged fraudulent destruction of a codicil to the will of plaintiff’s mother, by which, it is averred, testatrix gave her daughter an income considerably larger than provided for the latter in the probated document. As is correctly said by the court below, plaintiff, in prior proceedings recited in her statement of claim, shows “a complete adjudication [against herself] of the question of whether or not there ever was......in the hands of these defendants,......a codicil” such as she now alleges: see Lawman’s Est., 272 Pa. 237. This being…
2Cases cited1 opinion
- Lawman's EstateSupreme Court of Pennsylvania · 1922
3Cited by2 opinions
- Schlichtman v. CrawfordSupreme Court of Pennsylvania · 1940
- Miners Savings Bank v. Walsh Et UxSuperior Court of Pennsylvania · 1942