Flagle v. Martinelli

Florence E. Flagle by herself and in her capacity as administratrix appeals from a summary judgment entered against her on a motion filed by Josephine Martinelli, Robert Barrett Miller, John F. Miller and the First Bank and Trust Company of South Bend in an action contesting the will of the decedent Quintín C. Nelson. The question raised on appeal concerns whether the denial to probate of a purported 1970 will precluded from consideration as a material issue of fact its ability to revoke a 1958 will.

After the death of Quintín C. Nelson on October 19, 1972, her sister-in-law Florence E. Flagle…