Estate of Stutts v. Stutts

ZUCCARO, Justice, for the Court:

The issue in this case is whether the Chancery Court of Hinds County erred in dismissing, on the basis of res judicata and collateral estoppel, the complaint of appellants which alleged that they were the illegitimate children of George Washington Stutts, Sr., deceased, who should, in spite of their illegitimate status, share in decedent’s estate pursuant to the illegitimate inheritance provisions of our intestacy statutes, Miss.Code Ann. § 91-1-15 (1972). We hold that the dismissal was error and accordingly we reverse and remand.

FACTS

The facts are undisputed.…