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Leo L. Bowlin, Personal Representative of the Estate of Laura J. Prewitt, Deceased, Appellant, v. Kelly Osborn, Respondent. (2021)

Missouri Court of Appeals, Western District.2021-01-05No. WD 83481

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Opinion

Order

Leo Bowlin, personal representative of the estate of Laura J. Prewitt, appeals from a judgment entered in favor of Kelly Osborn on Bowlins petition for discovery of assets. Bowlin raises four claims on appeal. First, he argues that the court erred in determining that the money Osborn allegedly owed the estate had been offset or satisfied against other funds Osborn could have received from the estate insofar as the finding lacked substantial evidence. Second, he argues that the court erred in relying on the Statute of Frauds because it was inapplicable to the facts at hand. Third, he argues that the court erred in finding the funds provided to Osborn were a gift insofar as there was no evidence supporting a finding that Prewitt had a present intention to make a gift. And, finally, he argues that the court failed to exercise independent judgment when it adopted Osborns proposed findings of fact and conclusions of law verbatim. Finding no error, we affirm. Rule 84.16(b).

Per Curiam: