Schmalz v. McKenna

BeilfüSS, J.

We first consider the respondents’ claim of estoppel by record in the proceedings for admission of the will to probate. 3 The doctrine of estoppel by record prevents a party from litigating again what was actually litigated or might have been litigated in a former action. Gohr v. Beranek (1954), 266 Wis. 605, 64 N. W. 2d 246; Kuchenreuther v. Chicago, M., St. P. & P. R. Co. (1937), 225 Wis. 613, 275 N. W. 457. The constructive trust issue raised by the appellants in their objection to the admission of the will to probate could not be determined in that proceeding. The only…