LEVERETTE BY AND THROUGH GILMORE v. LEVERETTE

83-990.

479 So.2d 1229 (1985)

Melanee LEVERETTE, a non compos mentis, By and Through her guardian, Irene GILMORE v. Kyle R. LEVERETTE, as Executor of the Estate of Willie Wilkerson Leverette.

Supreme Court of Alabama.

November 1, 1985.


Attorney(s) appearing for the Case

Myron K. Allenstein, Gadsden, for appellant.

John B. Crawley, Troy, for appellee.


ALMON, Justice.

This appeal raises an issue of collateral estoppel. A consent judgment was entered in one of two consolidated cases. The trial court later granted summary judgment in the other case on the grounds that the consent judgment had disposed of both cases.

On September 25, 1978, Willie W. Leverette died, leaving a will. The executor named in the will, Kyle R. Leverette (a nephew of the testator), filed the will for probate. The probate court granted...

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