In Re Estate of Bagley

Ruffin, Judge.

In August 1990, Lillian Thomas Bagley died testate. In 1997, William Troy Bagley (Bagley), the decedent’s son, petitioned the probate court to be appointed executor of his mother’s estate. The probate court denied the petition, and Bagley appealed to superior court. The superior court denied Bagley’s petition and dismissed his appeal on the grounds that it was barred by res judicata, and Bagley filed this appeal. For reasons that follow, we affirm.

The relevant facts are as follows. The decedent was survived by three children: Bagley, Elizabeth Robertson and Jane Burns. In…