In this heirship dispute between the decedent’s alleged common law wife and the  decedent’s  biological  daughter,  the sole issue  we  consider  is  whether  the daughter conclusively proved that a petition for bill of review filed by the alleged common law  wife  was  precluded  under  the  doctrine  of  res judicata. The  probate court granted  a motion  for summary  judgment  in  favor  of  the  daughter upon concluding that the petition was so precluded. We disagree with the probate court and conclude that the daughter failed to prove her res judicata defense as a matter of law. We accordingly reverse the probate court’s summary judgment and remand the case to that court for additional proceedings.


On Appeal from the Probate Court Number Four Harris County


Reversed and Remanded and Opinion Filed

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