U.S. Trust v. First Nat'l Bank & Trust (In re Estate of Kemp)

8 Citing cases

  1. Myers v. Lindsey (In re Lindsey)

    2024 Ark. App. 581 (Ark. Ct. App. 2024)

    We review probate matters de novo but will not reverse the circuit court's findings of fact unless they are clearly erroneous. In re Est. of Kemp, 2014 Ark.App. 160, at 5, 433 S.W.3d 911, 914. A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed.

  2. Spurlock v. Estate of Ladd

    2023 Ark. App. 253 (Ark. Ct. App. 2023)

    This court reviews probate matters de novo and will reverse only if the circuit court's decision was clearly erroneous. In re Estate of Kemp, 2014 Ark.App. 160, at 5, 433 S.W.3d 911, 914. The circuit court's findings are clearly erroneous "when the reviewing court is left with a definite and firm conviction that a mistake has been committed.

  3. Barton v. King

    2023 Ark. App. 380 (Ark. Ct. App. 2023)   Cited 1 times

    We review probate matters de novo but will not reverse the circuit court's findings of fact unless they are clearly erroneous. In re Est. of Kemp, 2014 Ark.App. 160, 433 S.W.3d 911. A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed. Id.

  4. Ellis v. Thompson

    2019 Ark. App. 579 (Ark. Ct. App. 2019)   Cited 3 times

    Moreover, the probate court handling Edward's estate was the proper forum for this proceeding on the accounting.In re Estate of Kemp , 2014 Ark. App. 160, 433 S.W.3d 911.See, e.g. , Estates of McKnight v. Bank of Am., N.A. , 372 Ark. 376, 380, 277 S.W.3d 173, 177 (2008) ; In re Guardianship of Vesa , 319 Ark. 574, 892 S.W.2d 491 (1995).

  5. Estate of Alexander v. Sparks Reg'l Med. Ctr.

    2017 Ark. App. 588 (Ark. Ct. App. 2017)   Cited 1 times
    Applying "as near as possible" test to UTC language

    We must also defer to the superior position of the lower court sitting in a probate matter to weigh the credibility of the witnesses.Patton v. Fulmer, 2016 Ark. App. 260, at 7, 492 S.W.3d 512, 516 (citing In re Estate of Kemp, 2014 Ark. App. 160, 433 S.W.3d 911 ).Id.

  6. Patton v. Fulmer

    2016 Ark. App. 260 (Ark. Ct. App. 2016)   Cited 6 times

    We review probate matters de novo but will not reverse the probate court's findings of fact unless they are clearly erroneous. In re Estate of Kemp, 2014 Ark. App. 160, 433 S.W.3d 911. A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed. Id.

  7. Chandler v. Harris

    485 S.W.3d 716 (Ark. Ct. App. 2016)

    We review probate matters de novo but will not reverse the probate court's findings of fact unless they are clearly erroneous. In re Estate of Kemp, 2014 Ark. App. 160, 433 S.W.3d 911. A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed. Id.

  8. Shepherd v. Jones

    461 S.W.3d 351 (Ark. Ct. App. 2015)   Cited 4 times

    We review probate matters de novo but will not reverse the probate court's findings of fact unless they are clearly erroneous. In the Matter of the Estate of Kemp v. First Nat'l Bank & Trust, 2014 Ark. App. 160, 433 S.W.3d 911. A finding is clearly erroneous when, although there is evidence to support it, the appellate court is left on the entire evidence with the firm conviction that a mistake has been committed. Id.