Missouri Court of Appeals, Eastern District / Jul 2, 2024
Deborah Pagoria, Appellant, vs. Jerrold Pagoria, Personal Representative of the Estate of Nick S. Pagoria, Respondent.
Deborah Pagoria appealed the probate court's judgment denying her claim against the Estate of Nick S. Pagoria. The probate court found that Deborah breached a settlement agreement with her ex-husband, Nick S. Pagoria, by failing to execute a beneficiary deed as required by their divorce agreement. The appellate court affirmed, holding that because both parties mutually breached the contract, Deborah could not enforce its terms against the Estate. The court also concluded that allowing evidence of Deborah's breach was not an impermissible collateral attack on the divorce judgment.