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Dickerson v. Dickerson

A prior judicial determination that petitioner was not decedent's common-law wife, precluded her from raising their alleged common-law marriage in her petition to set aside the appointment of decedent's brother as administrator of decedent's estate.

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The question on appeal is whether a judgment specifically holding that two people were not married precludes the parties to that judgment from later litigating that particular issue in a subsequent tribunal, notwithstanding the fact that the court opined that the judgment would not have a “res judicata” effect. We affirm the second court’s grant of summary judgment based upon collateral estoppel.

Shortly after Richard Dickerson died intestate in an electrical accident, his brother Frederick applied for letters of administration from Lumpkin County Probate Court and was appointed administrator of Richard’s estate. Barbara Fuller, also known as Barbara Dickerson, petitioned the probate court to set aside the letters and the appointment on the ground that she was Richard’s common-law wife and was thus entitled to the appointment. Frederick responded, denying the common-law marriage.

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