# Estate of Brown v. Fulp

> Missouri Court of Appeals · August 28, 1986 · 718 S.W.2d 588

URL: https://www.frixlaw.com/law-library/cases/9678279

## Case

- **Full name:** In Re ESTATE OF Bessie L. BROWN, Incapacitated-Disabled, Harold Merritt, Guardian-Conservator, Basil Ferguson, Lloyd Cowan, Bessie Elaine Smith, Bill Ferguson, Leroy Ferguson, Jeanne Erickson Meese and Nancy Williams, Appellants, v. Wanda FULP and Harold Fulp, Respondents
- **Court:** Missouri Court of Appeals
- **Decided:** August 28, 1986
- **Citations:** 718 S.W.2d 588; 1986 Mo. App. LEXIS 4602
- **Precedential status:** Published
- **Opinion:** Dissent by Prewitt
- **Judges:** Hogan, Crow, Maus, Prewitt
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678279

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678279. Public record. Not legal advice.