Shirk v. Shirk

The opinion of the court was delivered by

Wertz, J.:

Plaintiff (appellant), Betty Shirk O’Brien, brought this action against defendants (appellees), William S. Shirk and Claire Shirk, to recover damages sustained on account of alleged fraud and deceit practiced by them against plaintiff, causing her to waive her right to contest her mother’s will. Plaintiff and defendant William are sister and brother and the only heirs at law of their mother, Gertrude McCourt Shirk, deceased. Claire is the wife of William. Plaintiff appeals and contends the trial court erred (1) in striking paragraph 12 from…