SC20597 - Solon v. Slater ("This appeal requires us to decide the scope
of the preclusive effect, in a subsequent tort action in
the Superior Court, of an unappealed Probate Court
decree admitting a will to probate. The plaintiff, Linda
Yoffe Solon, filed the present lawsuit against the defendants, Joseph M. Slater and Joshua Solon, alleging that
they tortiously interfered with her contractual relations
and right of inheritance by exercising undue influence
over her husband, Michael Solon (decedent), with
respect to two different legal instruments, a proposed
amendment to an antenuptial agreement and a testamentary will. The trial court rendered summary judgment in favor of the defendants, concluding in pertinent
part that both of the plaintiff’s tortious interference
claims were barred by the doctrine of collateral estoppel because the Probate Court previously had admitted
the decedent’s will to probate after rejecting the plaintiff’s claim that the decedent executed the will as a
result of the defendants’ undue influence. The Appellate
Court affirmed the judgment of the trial court. See Solon
v. Slater, 204 Conn. App. 647, 665, 253 A.3d 503 (2021).
The issue before us is whether both of the plaintiff’s
tortious interference claims in her civil tort action are
barred by either the doctrine of collateral estoppel,
as the courts below concluded, or the doctrine of res
judicata, which the defendants have raised as an alternative ground for affirmance. We conclude that neither
preclusion doctrine bars the plaintiff from litigating her
tortious interference with contractual relations claim,
which relates to the proposed amended antenuptial
agreement, because the Probate Court did not actually
or necessarily determine whether the defendants tortiously interfered with that contract and the plaintiff
lacked an opportunity to litigate her claim in the Probate
Court. We arrive at a different conclusion with respect
to the plaintiff’s tortious interference with her right of
inheritance claim because the Probate Court actually
and necessarily determined that the defendants had not
tortiously interfered with the execution, alteration, or
revocation of the will admitted to probate, and the plaintiff therefore is collaterally estopped from relitigating
that claim. Accordingly, we reverse the judgment of the
Appellate Court in part and remand the case for further
proceedings on the plaintiff’s tortious interference with
contractual relations claim.")