Estate of Bussard
Appellant James Warner was previously the petitioner in a will contest, which was fully litigated, adversely decided against him, and unsuccessfully appealed by him. (See Estate of Bussard (Nov. 30, 2004, B169944) [nonpub. opn.]; hereinafter, Bussard I.) Thereafter, Warner filed new petitions in the trial court, arguing principally that an exhibit previously denied admission to probate (exhibit 2) was falsely interpreted, and seeking the same relief he unsuccessfully sought in Bussard I.
Court find, inter alia, that (1) the prior rejection of an alleged will by the court is conclusive of its invalidity and deprives the trial court of jurisdiction to entertain a belated new theory, and (2) even though Warner raises a new legal theory (i.e., integration of documents) relitigation of the same underlying claim is barred by res judicata. Thus, the trial court properly granted the demurrer by respondent James Bussard (hereinafter, Bussard).
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