Grant v. Estate of McReynolds, 54913
| Decision Date | 18 July 1989 |
| Docket Number | No. 54913,54913 |
| Parties | Joe L. GRANT Respondent, v. ESTATE OF Stanley Hope McREYNOLDS, Appellant. |
| Court | Missouri Court of Appeals |
J. Patrick Wheeler, Canton, for appellant.
Jules V. DeCoster, Monticello, for respondent.
Appeal from a judgment and order setting aside a jury verdict in favor of appellant and ordering a new trial following a trial in the Circuit Court of Lewis County on February 9, 1988.
Letters Testamentary were issued by the Probate Division of the Circuit Court of Lewis County, Missouri on May 24, 1986 appointing J. Patrick Wheeler as personal representative of the estate of Stanley Hope McReynolds. Shortly thereafter, a claim was filed by respondent, Joe L. Grant, stating "that there is due from the above captioned estate the sum of $36,800.00 on account of services rendered to decedent during his lifetime." Respondent claimed he had provided services to decedent consisting of farm chores, working with cattle, running errands, providing banking activities, shopping, and other services on a daily basis from 1965 until decedent's death in March of 1986. Respondent further claims that the reasonable value of these services was $5.00 per day. Appellant filed numerous motions to have the suit dismissed. These motions were all denied and the suit proceeded to trial. Before the trial, respondent requested, by subpoena duces tecum, that appellant produce a note allegedly written by decedent indicating that he wanted respondent taken care of in his will. Respondent claimed the note had been shown to him by decedent's attorney. Decedent's attorney, J. Patrick Wheeler, denied the existence of any such note and the note was not produced. No further discovery occurred and the trial began. The jury returned a verdict in favor of appellant denying respondent's claim against the estate. Respondent timely filed a motion for a new trial alleging that appellant's attorney had withheld the requested note and that it did in fact exist. After briefs and affidavits were filed and an off the record hearing, the trial court granted respondent's motion for a new trial. This appeal followed.
Appellant argues that the trial court abused its discretion when it granted respondent a new trial because there is no showing on the record that evidence was withheld. In reviewing the trial court's grant of a new trial we are to indulge every reasonable inference to the trial court and may not reverse unless there...
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State v. Lloyd
...(statements in a party's brief which are not supported by the record on appeal furnish no basis for an appeal); Grant v. Estate of McReynolds, 779 S.W.2d 246, 247 (Mo.App.1989) (an appellate court generally will not consider matters outside the Defendant has failed to sustain his burden of ......
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VonSande v. VonSande
...Tuffli v. Board of Education of Wentzville R-4, supra. The basis for a new trial must appear from the record. Grant v. Estate of McReynolds, 779 S.W.2d 246, 247 (Mo.App.1989). Since paragraph 7 of the motion (the paragraph upon which the motion was sustained) was based on matters outside th......
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Rice v. State, Dept. of Social Services, 73273
...on appeal supply no basis for appeal. Chilton v. Gorden, 952 S.W.2d 773, 777 (Mo.App. S.D.1997). See also Grant v. Estate of McReynolds, 779 S.W.2d 246, 247 (Mo.App. E.D.1989) (Generally, an appellate court "will not consider matters not contained in the record."). Plaintiff's noncompliance......
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McCormick v. St. Louis University, Inc., 74370.
...inference in favor of the trial court and may not reverse unless there has been a clear abuse of discretion. Grant v. Estate of McReynolds, 779 S.W.2d 246, 247 (Mo.App. E.D.1989). Factual assertions in the brief cannot supplement the transcript. The general rule is that we will not consider......