Norris v. Norris

(dissenting) — The majority states two issues: (1) whether the probate proceedings had any effect at all in light of the existence of a community property agreement, and (2) if the probate proceeding was jurisdic-tionally justified, whether it had the effect of "cutting off" any rights under the community property agreement either because its effects cannot be challenged as res judicata or because the surviving spouse's actions constituted an election of the will by the surviving spouse.

Thus the majority acknowledges that res judicata or election are applicable only if the probate, in the…