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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).

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 ...

Tagged with: Annual Distributions Revocable Trust

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 ...

Tagged with: Undue Influence Will Contest

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 ...

Tagged with: Trust Violation of No-Contest Provision

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 ...

Tagged with: jurisdiction Prior State Court Judgment Trusts

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 ...

Tagged with: Appointment Guardianship mootness

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 ...

Tagged with: Amendments to Will Trust and Beneficiary Forms Mental Capacity

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 ...

Tagged with: Appointment of Personal Representative Distribution of Estate Property

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 ...

Tagged with: Breach Of Fiduciary Duty Income Distributions Irrevocable Trust

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 ...

Tagged with: Marital Interest Ownership Of Farm Trust Amendment

Where appellant challenged the dismissal of her civil case claiming that her deceased husband had conveyed via beneficiary deed two parcels of land in fraud of her marital rights, the trial court properly treated the motion to dismiss as stating ...

Tagged with: Abatement jurisdiction