Estate of Whitney
Following a contested hearing, the probate court denied the claims of appellant Shirley Whitney against the estate of her ex-husband Mark Whitney (the decedent) for amounts she claimed were owed to her under a 1995 entry of judgment in the Whitneys marital dissolution action. Whitney argues there was insufficient evidence to support the judgment.
Although Court conclude the probate court made two mistakes that were reflected in its ruling, Court find that notwithstanding these mistakes, there was sufficient evidence to support the judgment. Specifically, the trial court mistakenly believed Whitney received a greater percentage of the sale proceeds of an office building than she actually received, and mistakenly credited as testimony a statement made by the estates attorney. Nevertheless, the inferences drawn by the court from the circumstances surrounding the sale of the office building and the distribution of the sales proceeds were reasonable, and those inferences together with the probate courts determinations regarding credibility are sufficient to support the judgment. Court shall therefore affirm the judgment.
Comments on Estate of Whitney