(Download) "Joyce Elliott Brown v. Kathleen Gayle" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Joyce Elliott Brown v. Kathleen Gayle
- Author : Western District Court of Appeals of Missouri
- Release Date : January 25, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This case involves an action to set aside a conveyance allegedly obtained by undue influence, or in the alternative to award compensatory damages to plaintiff for wrongful interference with an expectancy of inheritance. Joyce Elliott Brown appeals from the trial court's judgment granting summary judgment in favor of Defendant Kathleen Gayle Kirkham. On February 6, 1995, Joyce Brown filed a petition against Kathleen Kirkham. Plaintiff Brown is the niece of Rose Wilma Elliott, who, according to plaintiff, drafted a will on November 9, 1981, in which she devised certain real property to plaintiff. On November 20, 1990, Ms. Elliott conveyed the real property to Ms. Kirkham, who is not a relative of Ms. Elliott. Sometime after the conveyance, Ms. Kirkham filed a petition seeking to be appointed guardian and conservator for Ms. Elliott. Meanwhile, Ms. Elliott suffered a severe stroke. The public administrator was appointed Ms. Elliott's guardian and conservator ad litem. Subsequently, on February 27, 1995, the trial court appointed Ms. Kirkham as guardian and conservator of Ms. Elliott. On July 9, 1995, Ms. Elliott died. On July 18, 1995, Ms. Kirkham filed a motion for summary judgment claiming that Plaintiff Brown lacked standing to bring this action and that her proper remedy would be to file a petition for discovery of assets in the probate court. The trial court granted summary judgment in favor of Ms. Kirkham. Plaintiffs motion for new trial was denied by the trial court, and Plaintiff Brown appeals.
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