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
PREWITT, Judge,
dissenting.
I respectfully dissent.
I agree that there was evidence to support the trial court’s determination, but I believe that determination was against the weight of the evidence and that we should set aside the judgment because of “a firm belief that the decree or judgment is wrong.” Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).
There was a confidential relationship between Mrs. Brown and Mrs. Fulp and I believe that Mrs. Brown was unduly influenced by Mrs. Fulp. I also think that as the evidence did not establish that the words, “or survivor” were added to certain of the certificates of deposit by Mrs. Brown’s express authorization, then that language was invalid.
I would reverse the judgment and order that the funds be paid to Mrs. Brown’s estate.