IVIE v. SMITH

No. SC 93872.

439 S.W.3d 189 (2014)

Richard E. IVIE, Jimmie R. Ivie, Ladonna Small, and Bernard Ivie, Respondents, v. Arnold L. SMITH and Sidney B. Smith, Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 30, 2014.


Attorney(s) appearing for the Case

Joseph C. Blanton Jr. , Shaun D. Hanschen , Blanton, Rice, Nickell, Cozean & Collins LLC, Sikeston, for Appellants.

Bruce Lawrence , R. Kye Lawrence , Lawrence & Lawrence LLC, Sikeston, for Respondents.


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...

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