Henze v. Schallert

Defendant1 appeals from the trial court’s judgment in a will contest suit incorporating and making final its order of dismissal entered pursuant to the parties’ consent. This appeal must be dismissed because defendant is not an aggrieved party and is estopped from challenging the validity of the judgment.

Decedent, Josephine Schallert, died testate on April 29, 1996. Plaintiff, Marion Henze, and defendant, Clara Schallert, are both cousins of the decedent. Decedent executed two wills, in 1982 and 1985. Under the 1982 will, plaintiff was the only survivor among the appointed personal…