In Re Estate of Hudson

I dissent. The circuit court's judgment upholding the probate court's order setting aside the final settlement of the estate and ordering the estate to pay off the mortgage indebtedness on the decedent's real property should be reversed.

The doctrines of res judicata and collateral estoppel precluded the probate court from revisiting the issue of fraud in the sale of the decedent's real property. See Lee L. Saad Constr. Co. v.DPF Architects, P.C., 851 So.2d 507 (Ala. 2002). The circuit court, in its order of September 16, 2002, refusing to set aside the sale of the decedent's real property and…