Legal Opinion

Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. Smith

Supreme Court of Missouri

Decided July 8, 2014No. SC93872PublishedCited by 318 opinions

1Opinion of the Court

ZEL M. FISCHER, Judge.

Arnold and Sidney Smith (collectively, “Smith”) appeal the circuit court's judgment declaring changes to an estate plan void due to lack of testamentary capacity and undue influence. Patricia Watson created a trust in 2002, which left substantially all of her property to her half siblings. The trust expressly excluded Arnold Smith, her husband. Several years later, after Watson’s mental health had deteriorated, Watson signed two separate amendments to her trust, signed changes to beneficiary designations on her bank accounts and retirement accounts) ahd signed documents…

2Cases cited29 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. White v. Director of RevenueSupreme Court of Missouri · 2010
  3. Pearson v. KosterSupreme Court of Missouri · 2012
  4. In the Interest of K.A.W.Supreme Court of Missouri · 2004
  5. State v. WeaverSupreme Court of Missouri · 1995

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3Cited by318 opinions

  1. State of Missouri v. Justin Floyd Eugene JonesSupreme Court of Missouri · 2016
  2. Rouner v. WiseSupreme Court of Missouri · 2014
  3. Joe Frazier v. City of Kansas City, MissouriMissouri Court of Appeals · 2015
  4. Rachal Laut, f/k/a Rachal Govro, and John M. Soellner v. City of ArnoldSupreme Court of Missouri · 2016
  5. Kevin M. Higgins and Sue E. Higgins v. Abigail J. Ferrari and Emmitt F. SmithMissouri Court of Appeals · 2015

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