Himmelfarb v. Greenspoon

HARRIS, Associate Judge:

This case involves the second caveat filed to contest the will (and four codicils thereto) of Paul Himmelfarb.1 The issue is whether appellant Julian Himmelfarb, one of the decedent’s eight children, is barred by either res judicata or equitable estoppel from filing a caveat in the prolonged litigation concerning his father’s estate.

Appellant’s caveat makes basically the same allegations as those set forth in an earlier caveat which had been filed by one of his sisters, Jean Horwitz. The first caveat was compromised. Appellant did not sign the settlement agreement,…