Sulltrop v. Sulltrop

CRIST, Judge.

Suit to set aside a deed for the conveyance of appellant’s (father) one hundred acre farm to respondents (son Ray) for inadequate consideration. Father asserts undue influence. Trial court found no undue influence. Father appeals. We affirm.

The trial court found father did not meet his burden of proving undue influence by clear, cogent and convincing evidence. Wilkie v. Elmore, 395 S.W.2d 168, 172 (Mo.1965). Judgments in court tried cases, such as this one, are presumed to be correct. Moreover, we must defer to the trial court’s finding of credibility. Wingate v. Griffin, 610…