IN RE ESTATE OF DeROY


481 Pa. 403 (1978)

392 A.2d 1355

In re ESTATE OF Joseph DeROY, Deceased. Appeal of Jean DeRoy ARONSON.

Supreme Court of Pennsylvania.

Decided October 6, 1978.

Reargument Denied November 8, 1978.


Attorney(s) appearing for the Case

Mark B. Aronson, Pittsburgh, for appellant.

Sanford M. Aderson, Pittsburgh, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.


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.

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