Missouri Court of Appeals, Southern District Digest: March 14, 2022

Probate

Breach of Trust

Claim Preclusion

Plaintiff appealed from the judgment in favor of defendants on plaintiff’s breach of trust claim. The trial court found that a five-year statute of limitations barred plaintiff’s breach of trust claims, while the doctrine of claim preclusion barred the remaining claims in plaintiff’s complaint.

Where plaintiff did not deny any of the material facts relied upon by defendants to show that plaintiff’s interest in the trust had terminated more than five years prior to the filing of plaintiff’s complaint, there was no dispute of material fact that would preclude the entry of summary judgment on plaintiff’s breach of trust claim.

Judgment is affirmed.

Boswell v. O’Neil (MLW No. 77984/Case No. SD37077 – 12 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Laclede County, Grantham, J. (Timothy Lemen, St. Louis, for appellant) (Ben Upp, Springfield, James Freeman, Kansas City, for respondents)

https://www.courts.mo.gov/file.jsp?id=184915