Dutkiewicz v. Bartkowiak

Plaintiff, Cecilia Dutkiewicz (formerly Bartkowiak), and defendant, Martha Bartkowiak, at one time were married to 2 brothers, Joseph and Anthony Bartkowiak, respectively. Both men died prior to suit, the former in 1936, and the latter in 1953. Mary Josephine Bartkowiak is the daughter of Cecilia Dutkiewicz and the late Joseph Bartkowiak.

Plaintiffs filed their bill in chancery in 1961, claiming fraud by defendant occurring in 1926, but discovered in 1957. After amendment to the bill was permitted, over defendant’s objection, the trial court dismissed the amended bill on motion of defendant.…