Legal Opinion
Gilmore v. Erb
Missouri Court of Appeals
Decided June 27, 1995No. 67173PublishedCited by 7 opinions
1Opinion of the Court
GRIMM, Chief Judge.
This is a probate matter. The decisive issue is whether facts decided in a hearing to admit a will collaterally estop relitigation of those facts in a will contest. We hold that they do not and therefore reverse and remand.
I. Background
On March 24, 1989, decedent executed a will at her lawyer’s office. She took possession of the will at that time. She kept it and other important papers in a file folder in her house.
Decedent died in a car accident on November 5, 1991. After several searches, her will could not be found.
On April 13,1992, defendants, recipients of property…
2Cases cited7 opinions
- State Ex Rel. Missouri Division of Transportation v. Sure-Way Transportation, Inc.Missouri Court of Appeals · 1994
- Weaver v. AllisonSupreme Court of Missouri · 1937
- Estate of Gilboe v. Doerflinger Realty Co.Missouri Court of Appeals · 1981
- Kinder v. BruneMissouri Court of Appeals · 1988
- Stolfus v. Musselman & Hall Construction, Inc.Missouri Court of Appeals · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Porter v. Reardon MacHine Co.Missouri Court of Appeals · 1998
- Missouri Property & Casualty Insurance Guaranty Ass'n v. Petrolite Corp.Missouri Court of Appeals · 1996
- Swearingen v. DrydenMissouri Court of Appeals · 2001
- Burrell Ex Rel. Schatz v. O'Reilly Automotive, Inc.Missouri Court of Appeals · 2005
- Brown v. SimmonsMissouri Court of Appeals · 2010
2 more not listed; retrieve them via the Exa API.