Estate of Devitt

COUNTISS, Justice.

This is a will contest. Appellant Dorothy Secrest Klein challenged the probate of the will of her aunt, Christine Devitt. The trial court held that she was judicially estopped from contesting the will, and granted summary judgment for the executors, appellees Helen Devitt Jones and George W. McCles-key. In this Court, Klein attacks the judgment by three points of error. We will resolve only the first point, which is determinative, and reverse and remand.

Christine Devitt died testate in October of 1983. Under a will she signed in June of 1983 she distributed her substantial…