Estate Litigation
Feb 27, 2012OUTCOME: Consequently, the Court of Appeals did not err in holding that res judicata bars the present complaint for breach of contract.
Decedent's daughter filed a complaint against decedent's widow alleging breach of contract arising from widow's failure to honor an alleged agreement regarding the distribution of intestate decedent's ... estate. The Superior Court, Barrow County, Mingledorff, J., granted summary judgment to widow based on res judicata, relating to earlier probate proceeding in which daughter had asserted a fraud claim. Daughter appealed. The Court of Appeals, 308 Ga.App. 529, 707 S.E.2d 494, affirmed. Certiorari was granted.