A factual finding is clearly erroneous when "we are left with 'a definite and firm conviction on [review of] the entire record that a mistake has been made, although there may be evidence to support the finding.' "Crittell v. Bingo, 36 P.3d 634, 638 (Alaska 2001) (citing In re Estate of Kottke, 6 P.3d 243, 245 (Alaska 2000); In re Estate of Kraft, 374 P.2d 413, 416 (Alaska 1962)). Id. (quoting Kottke, 6 P.3d at 245).
She was a long-time acquaintance of Joel Kottke; she became closer to him in his later years, developed a relationship with him very similar to a marriage, and also served as his care-giver. We set out the facts of this case in greater detail in Enders v. Parker, 66 P.3d 11 (Alaska 2003), and In re Estate of Kottke, 6 P.3d 243 (Alaska 2000). The 1997 will replaced a 1983 will that Joel Kottke had executed while he was married to Martha Kottke. Per the 1983 will, Joel left his entire estate to Martha.
In reviewing a trial court's findings for clear error, we consider the evidence in the light most favorable to the party prevailing below.See In re Estate of Kottke, 6 P.3d 243, 245 (Alaska 2000); In re Estate of Kraft, 374 P.2d 413, 416 (Alaska 1962); see also Alaska R.Civ.P. 52(a).Kottke, 6 P.3d at 245 (quoting Mathis v. Meyeres, 574 P.2d 447, 449 (Alaska 1978)).
In re Estate of Kraft, 374 P.2d 413, 416 (Alaska 1962); see also Alaska R.Civ.P. 52(a); Paskvan v. Mesich, 455 P.2d 229, 232 (Alaska 1969).In re Estate of Kottke, 6 P.3d 243, 245 (Alaska 2000) (quoting Mathis v. Meyeres, 574 P.2d 447, 449 (Alaska 1978)); see also Paskvan, 455 P.2d at 232, 240.See Kottke, 6 P.3d at 245 (citing Mathis, 574 P.2d at 449).
We affirmed the superior court's thoughtful and thorough decision.In re Estate of Kottke, 6 P.3d 243, 247 (Alaska 2000).B. Proceedings
Farmer v. State, 788 P.2d 43, 50 (Alaska 1990).Crittell v. Bingo, 36 P.3d 634, 638 (Alaska 2001) (quoting In re Estate of Kottke, 6 P.3d 243, 245 (Alaska 2000) (quoting Mathis v. Meyeres, 574 P.2d 447, 449 (Alaska 1978))).IV. DISCUSSION