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.