Fischer v. Jeffries

DUNN, Judge.

This is an appeal from an order of the Metcalfe Circuit Court granting appellees’ motion for summary judgment and dismissing appellant’s action for admission of a will to probate filed pursuant to KRS 394.-240. Appellant contends that the trial court erred in determining that the concepts of res judicata and of election of remedies barred her claim by virtue of earlier probate proceedings before the Met-calfe District Court. We agree with appellant and reverse and remand.

Summary judgment is proper only where the trial court, drawing all factual inferences in favor of the…