Cottey College v. School of the Ozarks, Inc.

ROBERT S. BARNEY, Judge.

This matter involves consolidated appeals by Appellant/Cross-Respondent The School of the Ozarks, d/b/a College of the Ozarks (“C of O”) and Respondent/Cross-Appellant Cottey College (“Cottey”).1 In short, C of O challenges the Probate Division’s (“the probate court”) finding that two trust instruments properly amended a trust created by Shirley Gene Wild (“Grantor”), and that Grantor had the requisite “mental” or “testamentary” capacity to validly execute the aforementioned amendments. C of O also challenges the probate court’s denial of its motion for summary…