FISCHER v. JEFFRIES


697 S.W.2d 159 (1985)

Peggy FISCHER, Individually and as Co-Administratrix of the Estate of William B. (Billy) Thompson, Appellant, v. Billy JEFFRIES, Individually and as Co-Administrator of the Estate of William B. (Billy) Thompson and Terry Jeffries, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court October 23, 1985.


Attorney(s) appearing for the Case

Herbert B. Sparks, Edmonton, for appellant.

Barry D. Gilley, John P. Blevins, Edmonton, for appellees.

Before CLAYTON, McDONALD and DUNN, JJ.


DUNN, Judge.

This is an appeal from an order of the Metcalfe Circuit Court granting appellees' motion for summary judgment and dismissing appellant's action for admission of a will to probate filed pursuant to KRS 394.240. Appellant contends that the trial court erred in determining that the concepts of res judicata and of election of remedies barred her claim by virtue of earlier probate proceedings before the Metcalfe District Court. We agree with appellant and...

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