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Crowe v. Elder

Res judicata barred the plaintiff's breach of contract action involving the distribution of her father's estate.

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This Court granted certiorari to the Court of Appeals in Crowe v. Elder, 308 Ga. App. 529 707 SE2d 494 2011 “Crowe II”, to consider whether that Court erred in determining that the doctrine of res judicata bars plaintiff Crowe’s “complaint for breach of contract” in this litigation involving the ultimate distribution of Crowe’s father’s estate. For the reasons which follow, we conclude that res judicata is a bar to the present suit, and we affirm the judgment of the Court of Appeals. Walter E. Elder III “decedent” died intestate in 2004, leaving an estate valued at approximately $3,000,000. His widow, Eva Smith Elder “Elder” petitioned the Probate Court of Barrow County for a year’s support of $3,000,000. Decedent’s only child, Susan Elder Crowe “Crowe”, did not file an objection to the petition, and a year’s support was granted to Elder for the entire estate sum.

On May 1, 2007, Crowe, individually and as guardian ad litem for her two minor sons, along with her emancipated son, filed in the probate court a motion to set aside the year’s support award, alleging that Elder fraudulently induced Crowe and her sons to consent to the requested year’s support by promising that, after it was granted, the estate would be divided equally among Elder, Crowe, and Crowe’s three sons, who are grandsons of the decedent, but that Elder failed to honor that agreement. On December 14, 2007, the probate court dismissed the motion on the basis that it lacked equity jurisdiction.

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