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Sep 15, 2023

Probate: Fiduciary Duty-Punitive Damages

Wood v. Millsap & Singer, P.C. (MLW No. 80501/Case No. SD37921 – 11 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Powell, J. (Thomas W. Millington and Kathryn Ann Millington, Springfield, for appellant) (Charles Smathers Pullium III, St. Louis, for respondent).

Aug 23, 2023

Probate: Guardianship-Termination-Rebuttable Presumption

J.P. & D.P. v. S.R. & T.R. (MLW No. 80422/Case No. WD85969 – 19 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Cass County, Rumley, J. (Ryan F. Kaiser for appellants) (Jeffrey A. Gedbaw for respondents).

Aug 18, 2023

Probate: Guardianship-Sufficiency Of Evidence

In the Matter of: Timothy Lee Isreal (MLW No. 80372/Case No. ED111010 – 7 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, Perry County, Brewer, J. (Zachary S. Rozier for appellant) (Wade M. Schuster for respondent).

May 4, 2023

Probate Law: Reformation Of Trust-Statute Of Limitations-Laches

Baldwin v. Baldwin (MLW No. 79830/Case No. SD37567 – 15 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Butler County, Pritchett, J. (Britton Laurence St. Onge, St. Louis, and Joseph Cullen Blanton Jr., Sikeston, for appellant) (Matthew J. Rossiter and Maxwell George Murtaugh, St. Louis, and Daniel T. Moore and Samuel P. Spain, Poplar Bluff, for resp[...]

Mar 9, 2023

Probate: Action for Accounting-Invited Error-Transfer of Assets

McLaughlin v. Canman (MLW No. 79552/Case No. SD37394 – 6 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, Stone County, Stephens, J. (Timothy S. Davis, Branson, for appellant) (Karl Andrew Finkenbinder and Henry S. Clapper, Branson, for respondent).

May 8, 2020

Probate: Revocable Trust-Annual Distributions

Where appellants challenged a judgment in a dispute regarding distributions from a revocable trust, the trust indenture clearly established that there were only two primary beneficiaries at the time of the grantor’s death and both were entitled to demand annual distributions not to exceed 5 percent of their respective GST Exempt Trusts created by the […]

Apr 27, 2020

Probate: Will Contest-Undue Influence

Where appellants challenged summary judgment granted in favor of respondent on an action contesting the will of the parties’ mother, there were general issues of material fact in dispute so that respondents were not entitled to judgment as a matter of law on the claim of undue influence, so the judgment is reversed and remanded. […]

Mar 20, 2020

Probate: Trust-Violation of No-Contest Provision

Plaintiff appealed from the grant of summary judgment in favor of defendant trustee, which ruled that plaintiff, beneficiary of the trust, had violated the trust instrument’s no-contest provision and forfeited his rights to the trust. Where plaintiff had filed two claims that expressly triggered forfeiture under the terms of the trust, rather than relying on […]

Feb 3, 2020

Probate: Trusts-Prior State Court Judgment-Jurisdiction

Plaintiff appealed from the dismissal of his action raising claims from a prior Minnesota state court judgment. Where district courts lacked authority to review state court judgments, the district court correctly dismissed plaintiff’s complaint for lack of jurisdiction. Judgment is affirmed. Richter v. Richter (MLW No. 74465/Case No. 19-2314 – 2 pages) (U.S. Court of […]

Jan 10, 2020

Probate: Guardianship-Appointment-Mootness

Where children, who sought the appointment of a guardian and conservator for their mother, challenged a judgment in her favor by the probate court, the mother died during the appeal, so the issue is now moot, so the appeal is dismissed. Appeal is dismissed. In the Matter of Selma McDonald Norton v. McDonald (MLW No. […]

Jan 3, 2020

Probate: Amendments to Will, Trust and Beneficiary Forms-Mental Capacity

Defendant appealed from the judgment finding that the amendments to his grandmother’s will, trust and beneficiary forms, which named him and his cousin as beneficiaries, were null and void because she lacked sufficient mental capacity and because they were the result of defendant’s undue influence. On appeal, defendant argued that the trial court erred in […]

Nov 12, 2019

Probate: Distribution of Estate Property-Appointment of Personal Representative

Plaintiff appealed the probate judgment and order directing distribution of her husband’s estate property despite her objections. Plaintiff argued that the trial court lacked authority to appoint the personal representative and should have instead appointed the public administrator as requested by plaintiff and that the trial court erroneously denied her surviving-spouse claims. Where it was [&h[...]

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