Burns v. Kepler

*154Opinion by

Mr. Justice McWilliams.

The dominant issue presented by this writ of error is whether Kepler v. Burns, 137 Colo. 329, 324 P. (2d) 785, renders res judicata the present proceeding. Accordingly, reference is hereby made to Kepler v. Burns, supra, for a more detailed chronology of the facts giving rise to this long standing dispute between Leon Kepler, as executor of the estate of Emmett S. Burns, deceased, and James Burns, son of the deceased. However, to adequately understand the problem here to be resolved a brief recital of the facts is necessary. Emmett S. Burns, a resident of…