Probate: Trust Amendment-Ownership Of Farm-Marital Interest

Where a husband challenged a judgment in favor of his wife’s parents on his claims to declare void an amendment to the wife’s trust and the wife had petitioned for dissolution prior to her death, the husband had no ownership interest in a farm, which was the sole res of the trust, so the trial court did not err in finding that the husband lacked a marital interest in the farm, and the husband was not a co-settlor of the trust so he was not required to join in amending the trust, and the wife was not equitably estopped from amending the trust, so the court did not err in holding the amendment to be valid and in granting summary judgment for the parents since there was no genuine issues of material fact as to the wife’s capacity or undue influence.

Judgment is affirmed.

Hoyt v. Robertson (MLW No. 74066/Case No. ED107312 – 26 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Warren County, Tobben, J. (Joseph S. Rubin and Thomas J. Henderson for appellant) (Louis J. Leonatti, Charles W. Gray and Dwayne A. Johnson for respondent).