LEVERETTE BY AND THROUGH GILMORE v. Leverette

This appeal raises an issue of collateral estoppel. A consent judgment was entered in one of two consolidated cases. The trial court later granted summary judgment in the other case on the grounds that the consent judgment had disposed of both cases.

On September 25, 1978, Willie W. Leverette died, leaving a will. The executor named in the will, Kyle R. Leverette (a nephew of the testator), filed the will for probate. The probate court granted letters testamentary to Kyle Leverette and admitted the will to probate as the duly proved last will and testament of Willie W. Leverette.

On March 9,…