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Probate: Will Contest- Collateral Attack- Res Judicata
Staff Report//November 5, 2018//
Where appellants, who were family members of decedent, brought a will contest challenging the rejection by the probate division of one of the four purported wills of decedent, the trial court properly granted summary judgment in favor of the decedent’s adopted daughter because the appellants’ claims were barred by res judicata based on a judgment entered in an earlier will contest that determined that the decedent died intestate.
Judgment is affirmed.
Atkinson v. Firuccia (MLW No. 72238/Case No. WD81595 – 10 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Cass County, Wagner, J. (Jonathan Sternberg for appellants) (Mark T. Kempton for respondent).
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