Missouri Court of Appeals, Southern District / Oct 18, 2018
ESTATE OF DONNY ELDER, CHARLOTTE BOURBON, Guardian and Conservator, Petitioner-Respondent vs. ESTATE OF ELIZABETH P. PAGELER, RANDY W. WEDEL, Personal Representative, DAVID WAYNE WEDEL, and RONALD JOE WEDEL, Respondents-Appellants
Appellants, heirs of Elizabeth P. Pageler's estate, appealed the trial court's judgment declaring that Pageler's estate had no interest in certain property, arguing it was held as tenants in common rather than by the entirety. The trial court found that Donny Elder, as Pageler's surviving spouse, became the sole owner as a surviving tenant by the entireties. The appellate court affirmed, holding that the appellants' arguments were based on factual inferences regarding intent that were implicitly rejected by the trial court, and the appellate court defers to the trial court's assessment of contested evidence.