Cynthia A. Wilkerson v. Raynella Dossett Leath

This appeal involves a suit to restrain a surviving wife from inheriting from her deceased husband. Husband’s daughter filed a complaint against wife, alleging that wife intentionally killed husband, thereby forfeiting any right to inherit pursuant to Tennessee Code Annotated section 31-1-106. When wife was convicted of first degree murder, Daughter filed a motion for summary judgment and attached the judgment of conviction. The court granted the motion, finding that no genuine issues of fact remained because the doctrine of collateral estoppel precluded litigation of whether wife killed husband. We reverse the decision of the trial court and remand this case for further proceedings consistent with this opinion.