Estate of Lloyd Edward Tomlinson v. Melissa Malone, Now King
Syllabus
This appeal arises from a complaint wherein the plaintiff alleged that he had a confidential relationship with his alleged biological daughter and that she induced him, by a promise that she would take care of him, to grant her a remainder interest in his real property. After a bench trial, the trial court found that a confidential relationship existed between the plaintiff and defendant and that suspicious circumstances existed to support a finding of undue influence. As such, the trial court entered an order divesting the defendant of any interest that she had in the property and restoring the plaintiff's interest in the property to be held by his estate. The defendant appeals. Discerning no error, we affirm.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where defendant objected to admissibility only on ground of authenticity, defendant failed to preserve objection based on hearsay
- finding that district court did not abuse its discretion in admitting evidence of prior conviction for similar act when defendant asserted good faith defense
- noting that other-crimes evidence may be admitted \to provide the jury with the complete story of the crimes charged by demonstrating the context of certain events relevant to the charged offense\
- stating that evidence of other crimes is admissible to “demonstrat[e] the context of certain events relevant to the charged offense”
- noting that Rule 404(b) other crime evidence “is admissible during the government’s case-in-chief if it is apparent that the defendant will dispute the issue”
- stating that evidence of other crimes is admissible to “provide the jury with the complete story of the crimes charged by demonstrating the context of certain events relevant to the charged offense”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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