Probate-Misappropriation of Trust Assets-Motion to Enforce Settlement

Staff Report//January 2, 2026//

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Plaintiffs appealed the grant of defendants’ motion to enforce settlement. Defendants admitted that they had misappropriated funds from the parties’ family trust and proposed reimbursing an amount they believed they owed. In response, plaintiffs agreed to accept three checks made out to each plaintiff splitting the amount owed. Defendants tendered the checks with a notation for a release of claims. Plaintiffs did not reject or return the checks, nor did they deposit them. Plaintiffs then filed suit, but the trial court granted defendants’ motion to enforce the parties’ purported settlement.

Where there was sufficient evidence to find that the parties had reached a settlement and defendants tendered the payment contemplated by the settlement, the trial court properly enforced the settlement.

Judgment is affirmed.

Spalding v. Martin (MLW No. 84160/Case No. ED113426 – 7 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis County, Lay, J. (Lawrence G. Gillespie and Brian J. Flieg for appellant) (David A. Weber for respondent)