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

How courts have described this case

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

• explaining that combining a substantial-evidence challenge and misapplication-of-law challenge into the same point on appeal violates rule 84.04(d)
• recognizing that § 456.021 permits pour-over wills
• noting appellate courts “defer[] on credibility determinations when reviewing an against-the-weight-of-the-evidence challenge because the circuit court is in a better position to weigh the contested and conflicting evidence in the context of the whole case”
• \A claim that the judgment is against the weight of the evidence presupposes that there is sufficient evidence to support the judgment.\
• “When the evidence poses two reasonable but different conclusions, appellate courts must defer to the circuit court’s assessment of that evidence.”
• contrary evidence not based on a credibility determination can be considered in an appellate court’s review of an against-the-weight-of-the-evidence challenge

Source: CourtListener parenthetical corpus (CC0).