Probate: Irrevocable Trust-Income Distributions-Breach of Fiduciary Duty

Where a co-trustee challenged a probate court judgment allowing income distribution to the grantor’s grandson, the court improperly interpreted the trust as it related to the trustee’s ability to request the grandson’s financial information before authorizing the distribution, but the court properly found that the respondent bank was not liable for breach of trust under the circumstances, and the removal of the co-trustee was appropriate.

Judgment is reversed and remanded.

In the Matter of: T.R. Potter Jr. Exempt Trust (MLW No. 74101/Case No. ED106880 – 24 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis City, Mullen, J. (Robert F. Murray and Douglas W. King for appellant) (Christopher M. Blaesing, Logan Rutherford, Mike W. Bartolacci and Maria G. Zschoche for respondents).