Ziska v. Lerch Et Vir.

Opinion by

Reno, J.,

This appeal is a sequel to Ziska v. Lerch, 155 Pa. Superior Ct. 481, 38 A. 2d 716. After the case was returned to the court below, the defendants-appellees, following a suggestion in our opinion, moved for the dismissal of the bill upon the ground that plaintiff-appellant had not brought and had indexed an action against the personal representatives of Jennie A. Ziska within one year after her death as required by the Fiduciaries Act of June 7, 1917, P. L. 447, as amended, 20 PS 521.

Appellant in his answer admitted that allegation, and alleged, as new matter, inter alia,…