Fairchild v. Bank of America National Trust & Savings Ass'n

Defendants’ motion to dismiss on the ground that the matters alleged in plaintiff’s first amended complaint were res judicata was granted and plaintiff appeals from the ensuing judgment of dismissal. In this action, plaintiff sought to recover money from the defendant bank, as special administrator of the estate of Myrtle F. Welch, and from A. L. Brchan, agent for the bank, by reason of the alleged failure of the defendants to protect and account for portions of the estate and for the improper allowance of claims.

Myrtle F. Welch died testate on December 22, 1951, naming the plaintiff as…