Opinion

Estate of Brown v. Fulp

  • 718 S.W.2d 588
  • 1986 Mo. App. LEXIS 4602
Court
Missouri Court of Appeals
Filed
Aug 28, 1986
Status
Published
Author
Crow
On the bench
Hogan, Crow, Maus, Prewitt
Cited by
17 cases
Authority
More cited than 8.2%

discovery of assets case; confidential relationship found where Fulp "attended to all [decedent Brown’s] affairs”

How later courts described this case

  • discovery of assets case; confidential relationship found where Fulp "attended to all [decedent Brown’s] affairs”
  • construing substitution of “mentally incapacitated” for “insane” in the 1983 revision to The Dead Man’s Statute, Section 491.010 (1983 Supp.)

Written by the judges who cited it.

The opinion

CROW, Judge,

concurring.

I concur. While there is evidence that might have persuaded me — had I been the trial judge — that (a) Bessie L. Brown was incompetent when Wanda Fulp’s name was added to the certificates of deposit, or (b) the addition of Wanda Fulp’s name to the certificates of deposit resulted from undue influence over Mrs. Brown by Wanda Fulp, I cannot say that the evidence was so overwhelming that the trial court erred in failing to make either of those findings. There was, in my view, sufficient evidence to support the trial court’s judgment, except as to the attorney fee for Mr. Swee *600 ney. Consequently, mindful of the scope of our review as defined by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976), I concur in the principal opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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