GILMORE v. ERB

No. 67173.

900 S.W.2d 669 (1995)

Tom GILMORE, et al., Plaintiffs/Appellants, v. T. Joyce ERB, et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

June 27, 1995.


Attorney(s) appearing for the Case

Nicholas J. Riggio, Sr., Anthony B. Ramirez and Cynthia Smuda, St. Louis, for appellants.

Stuart Oelbaum, Christine A. Gilsinan, Raleigh Robinson, St. Louis, for respondents.


GRIMM, Chief Judge.

This is a probate matter. The decisive issue is whether facts decided in a hearing to admit a will collaterally estop relitigation of those facts in a will contest. We hold that they do not and therefore reverse and remand.

I. Background

On March 24, 1989, decedent executed a will at her lawyer's office. She took possession of the will at that time. She kept it and other important papers in a file folder in her house.

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