In Matter of Estate of Dejmal

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the circuit court, as the finder of fact, is the sole arbiter of the weight and credibility of the evidence
• explaining that “it is not [this court’s] function to review questions as to weight of testimony and credibility of witnesses”
• observing it was \doubtful\ the testator's physical illness significantly affected her ability to freely decide when the only evidence presented was that the testator was elderly and had been hospitalized for lung congestion
• requiring “a result caused by, or the effect of such undue influence”
• deference to the trial court's credibility assessments is justified because of its superior opportunity to observe the demeanor of witnesses and to gauge the persuasiveness of their testimony
• we defer to the circuit court on credibility determinations because of its \superior opportunity ... to observe the demeanor of witnesses and to gauge the persuasiveness of their testimony.\ (quoted source omitted)

Source: CourtListener parenthetical corpus (CC0).