Hudspeth v. Hudspeth

CANTU, Justice.

This is an appeal from the granting of summary judgment based on the affirmative defense of res judicata. Appellants also complain of the court’s failure to grant their motion for partial summary judgment based solely upon the applicability of res judicata.

The plaintiffs/appellants are the only children of their deceased father, Claude B. Hudspeth, Jr. and the remaindermen under his will. Inez Hudspeth is the defendant/appellee and the surviving spouse/life tenant under the will.

Claude B. Hudspeth, Jr., died testate in 1948 and was survived by his wife, Inez Hudspeth and three…