Where appellant claimed he was the sole beneficiary of funds remaining in a trust and challenged an order that the trust be terminated, the trial court erred in granting summary judgment to the trust because another beneficiary’s interest was limited to a fixed amount and had already been distributed to her, an outright distribution had already been made and a settlement agreement required the balance of the assets of the trust was to be paid to another trust, and this transfer had not occurred.
Judgment s reversed and remanded.
In the Estate of Kenneth V. Myers Trust v. Myers (Missouri Court of Appeals, Western District, Howard, J.) (MLW No. 65309/Case No. WD75518 – 8 pages) Appealed from circuit court, Platte County, Van Amburg, J. (Keith W. Hicklin for respondent) (John H. Norton for appellant).