In Re Estate of DeRoy

OPINION OF THE COURT

MANDERINO, Justice.

This appeal is brought by Jean DeRoy Aronson, the adopted daughter of Joseph DeRoy, deceased. Appellant claims the corpus of a testamentary trust set up for the benefit of her adoptive parents. The court below held that she was not entitled to the corpus of the trust because she was precluded by previous litigation. We believe the court below erred and we therefore reverse.

*406The testator, Joseph DeRoy, executed his last will and testament on May 25,1918, and died shortly thereafter. By the terms of the will, a trust of one-eighth of the residuary estate…