Turner, Admx. v. Bragg

This is an action of trespass brought by writ dated May 21, 1941. A hearing was had on September 25, 1946, on a plea of res adjudicata filed by the defendants. The grounds for the plea were that the parties, causes of action and subject matter in this case are the same as in a chancery case which was finally determined in favor of the defendants as reported in 113 Vt 393, 35A2d 356.

During the hearing the defendants stated to the court that although this action was brought by Daisy Turner, administratrix of the estate of Alexander Turner, she was in fact the executrix of that estate. The…