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Missouri Probate Law
 
Michael Wallace v. Claire Wallace

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and “surreptitiously open[ed] multiple credit cards in [his] ... More...   $0 (11-20-2013 - MO)

Randy Nolan v. Cathy Snead

A personal representative of a decedent’s estate failed to provide actual notice of the probate proceeding to children whom the decedent was alleged to have sexually abused. Because of the failure to notify the children, their claims1 against the estate were filed beyond the statutory six-month requirement found in section 473.360.2 The children’s father, their sole custodian and guardian, fil... More...   $0 (01-29-2013 - MO)

William O. Welman v. Cameron Bunting Parker

The parties are former partners in the law firm of Welman, Hively, Godley & Parker, L.L.P. ("the partnership"). After Appellant Cameron Bunting Parker ("Parker") left the firm, her former partners, William O. Welman, Brian D. Hively, and Barbara A. Godley ("former partners"), brought an action for an accounting in an attempt to recover legal fees Parker had received after leaving the firm in cases... More...   $0 (01-04-2013 - MO)

In the Estate of Beulah A. Sullivan, Deceased, v. Neil Sullivan

Gay Ann Weadon, personal representative of the estate of Beulah A. Sullivan (“Weadon”), appeals the judgment of the probate division of the circuit court granting Neil Sullivan’s application for partial distribution and petition to discover assets and denying Weadon’s motion for contempt. We affirm the judgment of the probate division as modified.

I. BACKGROUND

Beulah A. Sull... More...
   $0 (05-22-2012 - MO)

Walden Homeowners Association v. Kevin Shafinia

Kevin Shafinia appeals from a judgment of the Circuit Court of Platte County, which dismissed his application for a trial de novo following the entry of a judgment against him for $1,184.77 by the court’s associate circuit division. For the reasons explained below, we dismiss Shafinia’s appeal.

Factual Background

Respondent Walden Homeowners Association filed the underlying l... More...
   $0 (11-22-2011 - MO)

Carolyn A. Cassidy v. Stephanie M. Cassidy

This is an appeal brought by Stephanie Cassidy (Stephanie), in her capacity as the personal representative of the Estate of Ray Cassidy (Ray), from a judgment issued by the probate division of the Circuit Court of Crawford County, Missouri.1 The trial court entered a declaratory judgment determining that a written antenuptial agreement (Agreement) between Ray and his wife, Carolyn Cassidy (Carolyn... More...   $0 (11-21-2011 - MO)

Harvey Duane Barker v. City of Springfield

The City of Springfield (“City”) appeals a declaratory judgment in favor of Harvey Duane Barker, as Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993 (the “Barker Trust”); Paul G. Nahon, Sr., and Sharon Nahon, husband and wife; Farris Nahon, Jr., and Nancy Nahon, husband and wife; and Paul G. Nahon, as Trustee under Paul... More...   $0 (10-11-2011 - MO)

Patricia Tyson v. Chicago Title Insurance Company

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two u... More...
   $0 (09-27-2011 - MO)

Laura B. Downs v. Eldon Bugg

Eldon Bugg ("Bugg") appeals from the trial court's judgment approving a Statement of Account, entering an Order of Complete Settlement, and discharging the Personal Representative. Bugg contends that the trial court erred in: (1) not disqualifying trial court judge, Deborah Daniels ("Judge Daniels"), because Bugg timely filed an application for disqualification; and (2) overruling Bugg's objection... More...   $0 (12-31-1969 - MO)

Patricia Tyson v. Chicago Title Insurance Company

Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two units of a duplex) located in Jackson County, Missouri, with street addresses of 106 and 108 SW D... More...
   $0 (09-27-2011 - MO)

In the Matter of A.C. Smith

Lillie Lang appeals the denial of motions she filed “on behalf of” her brother, A.C. Smith, in his guardianship/conservatorship case. Smith died during this appeal, which now is moot.

Background

Smith’s daughter petitioned to appoint a guardian and conservator for her father, and for emergency appointment of a temporary guardian and conservator. She alleged that Smith could not... More...
   $0 (08-15-2011 - MO)

Carolyn Schubert v. Auto Owners Insurance Company

Auto Owners Insurance Company (“Auto Owners”) appeals the order granting summary judgment in favor of Carolyn Schubert and awarding her $124,500, the face value of the insurance policy sold to her by Auto Owners. Because Schubert owned a one-half interest in the dwelling covered by the policy, which was completely destroyed by fire, Auto Owners offered to pay her half of the policy value. Auto... More...   $0 (08-12-2011 - MO)

Joy R. Webster v. Otwo I, Inc., et al.

Appellant Joy R. Webster, in her capacity as bankruptcy trustee, filed suit against Respondents Otwo I, Inc., et al. (collectively “Otwo”), alleging that Otwo was liable for injuries sustained by Patrick M. Kronin while at work. The circuit court dismissed Webster‟s petition as time barred. We affirm. Factual

Background

Patrick and Lynn Kronin initially filed suit against Otwo... More...
   $0 (10-28-2009 - MO)

Justine M. Bell v. Roland Bell, Randy Bell, Dennis Bell, Marc Bell and Allison Bell, and Kevin Anderson

Justin Bell appeals the trial court‟s judgment approving the Estate of Florence M. Bell‟s (“the Estate”) personal representative‟s compromise settlement on Justin Bell‟s petition for discovery of assets. On appeal, Justin Bell has one point in which he claims that the trial court erred in approving the personal representative‟s settlement because there was no evidence at the hearing ... More...   $0 (09-15-2009 - MO)

Jami Jo Ross v. John David Everhart, Sr., Brian Keith Everhart, Linda Schlax, and Glenda Metcalf

Jami Jo Ross (plaintiff) appeals a declaratory judgment rendered in an action she brought against Brian Keith Everhart and Linda Schlax (collectively referred to as defendants).(FN1) The petition sought determination that debts secured by real estate that would be distributed to plaintiff from a trust established by Elmer H. "Bud" Everhart (settlor) would be paid from trust assets; that the real... More...   $0 (01-30-2009 - MO)

Carrie A. Mallory v. Rebecca Lake Wood, etc.

Carrie A. Mallory appeals the district court’s1 order directing that benefits from an ERISA-regulated life insurance plan be turned over to the probate estate of Eugene Wilson for distribution by the Missouri state court. Specifically, she challenges the district court’s finding, after a bench trial, that in August 2005 Wilson lacked the mental capacity to make a valid beneficiary designation.... More...   $0 (01-29-2009 - MO)

Tony Wayne Pulley v. Deborah Kay Short, et al.

This appeal stems from a suit involving a will contest and an antenuptial agreement brought by a surviving spouse. The surviving husband was omitted from his deceased wife's will. He brought suit asserting that he was a pretermitted spouse, an antenuptial agreement barring him from asserting his rights to the assets of a revocable trust was void and unenforceable, and the assets of the revocable t... More...   $0 (09-02-2008 - MO)

Mary Ann Arnold v. Bank of America

This case is one of the "at least five class actions in various jurisdictions seeking redress for the same alleged injuries" as claimed by the plaintiffs in Siepel v. Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6 (8th Cir. May 19, 2008). Finding the case "nearly identical" to Siepel, which it had earlier dismissed, the district court1 dismissed all of the Appel... More...   $0 (06-18-2008 - MO)

In the Estate of Ross E. Johnson, Sr., Deceased; Zel M. Fischer, Personal Representative, Respondent v. Theodore M. Kranitz, Appellant.

Theodore M. Kranitz appeals an order of commitment entered in connection with a judgment of contempt for willful refusal to repay attorney's fees. We affirm. Theodore Kranitz is the senior member of the law firm of Kranitz & Kranitz, P.C., in Buchanan County. Mr. Kranitz was the attorney for the personal representative of the estate of Ross E. Johnson, Sr., in the probate court of Nodaway Coun... More...   $0 (07-28-2005 - MO)

Gail Ellen Winter v. George Wayne Winter

Gail Ellen Winter ("Wife") appeals from a Judgment and Decree of Dissolution of Marriage entered by the circuit court of Jasper County. She contends that the trial court erred in characterizing certain property as non-marital, in dividing marital property, and in requiring her to provide health insurance benefits for George Wayne Winter ("Husband"). We affirm in part and reverse and remand in p... More...   $0 (07-16-2005 - MO)

Donald J. Thiel, et al. v. Harold L. Miller, et al.

Diane Adell Burtrum, Robert Clay Killion, Nina Claire Tanner, Barbara Thiel, Michael M. Reece, Phillip Reece, and Donald J. Thiel appeal from the judgment of the Circuit Court of Daviess County for Day Miller (DM), individually, and as the defendant ad litem for Harold L. Miller (HM), deceased, (FN1) on the appellants' claim against DM and HM for legal malpractice. The appellants, other than ... More...   $0 (05-14-2005 - MO)

Thomas Brandon Roberts and Cara Lee Roberts v. Progressive Northwestern Insurance Company

On July 21, 1997, Thomas Roberts ("Thomas") and Cara Roberts ("Cara") were passengers in a 1997 Camero being driven by Chad Campbell ("Campbell") on Highway 65 north of Branson, Missouri. (FN1) The car was involved in a high-speed automobile crash, killing Campbell and causing serious injuries to Thomas and Cara.

The Camero was owned by Reliable Chevrolet, Inc. ("Reliable"). Reliable had ob... More...   $75000 (12-24-2004 - MO)

Simuel Jefferson v. Darlene Jefferson.

Darlene Jefferson ("Wife") appeals from the judgment holding Simuel Jefferson ("Husband") not to be the father of her child, A.A.O.J. ("Daughter"), and dismissing her petition to have Husband declared Daughter's "equitable parent." Wife asserts the trial court erred in that it did not exercise its equity powers to find Husband to be Daughter's father because he supported Daughter since her birth. ... More...   $0 (06-30-2004 - MO)

Douglas M. Weems, et al. v. Mary J. Montgomery, et al.

Appellants, Douglas and Kerry Weems, filed a petition against respondent, Mary Jean Montgomery, contending that she committed fraud when she sold her mother's (Anna Belle Randolph) home to the appellants. The circuit court, probate division, dismissed appellants' petition. We conclude that it improperly relied upon evidence beyond the pleadings and that appellants stated a claim for relief against... More...   $0 (02-20-2004 - MO)

In the Interest of: E.N.K., R.M.R., and R.C.R., Plaintiffs, M.S.S. and M.M.S. v. M.R.C., M.T.C., R.R.R., and John Doe.

M.M.S. and M.S.S. (Aunt and Uncle) appeal the trial court's judgment granting them co-guardianship of their niece, R.M.R., and nephew, R.C.R. On appeal, Aunt and Uncle argue that the trial court erred in failing to terminate the parental rights of the children's mother, M.R.C. (Mother). Because this court finds that the trial court failed to dispose of the rights of one of the natural fathers, the... More...   $0 (02-13-2004 - MO)

In the Estate of John Henry Ferguson, Deceased

The appellants, the adult children of the decedent, John Henry Ferguson, appeal the probate court's judgment finding that Ruth Hensler-Ferguson, the decedent's spouse at the time of his death, is an omitted spouse within the meaning of section 474.235 RSMo. (1994), (FN1) and thus is entitled to the share of the decedent's estate that she would have received had the decedent died intestate. The app... More...   $148000 (02-05-2004 - MO)

In re the Estate of Linda Werner.

Linda Werner, an incapacitated adult, appeals the circuit court's judgment ordering that she remain subject to a guardianship. Because she did not meet her burden of proving that she has been restored to her capacity, we affirm the circuit court's judgment.

On September 3, 1999, the circuit court determined that Werner was totally incapacitated and totally disabled. The court appointed Platt... More...   $0 (02-03-2004 - MO)

Deric Lee Coon, a minor by and through his next friend, Christopher Coon v. American Compressed Steel and William Copeland.

American Compressed Steel, Inc. and William Copeland appeal the denial of their motion to intervene in the family court case in which the court decreed the equitable adoption of Deric Lee Coon ("Deric") by decedent, Patricia Walker. We affirm the denial of intervention.

Background
Deric Coon is the six-year-old son of Christopher Coon. Deric's mother died when Deric was q... More...
   $0 (01-30-2004 - MO)

In the Matter of Wanda L. Benson, Marilyn S. Schmidt v. Melissa A. Benson, Personal Representative of the Estate of Richard Benson.

Appellant Marilyn S. Schmidt ("Appellant"), appeals from the judgment of the Probate Division of the Circuit Court of Christian County (" Probate Court"), which appointed the Public Administrator of Christian County ("Public Administrator") as guardian of Appellant's mother, Wanda L. Benson ("Wanda"), pursuant to section 475.079, after determining that Wanda was disabled and incapacitated. (FN1) S... More...   $0 (01-21-2004 - MO)

Savannah Place, Ltd., a Missouri Corporation v. Charles and Sandra Heidelberg, husband and wife v. Carol Jones, et al.

Respondent Savannah Place Ltd. ("Savannah Place"), as assignee of two promissory notes, attendant deeds of trust, security agreements and guaranties relating to the two promissory notes, brought suit against Charles Heidelberg and his spouse, Sandra Heidelberg ("Appellants" and/or "Charles Heidelberg" or "Sandra Heidelberg"), to enforce the terms of the guaranties for the payment of the two promis... More...   $0 (10-31-2003 - MO)

In re the Matter of Nathan Neal Nelson, a minor, Robert Neal Nelson v. Elaine Marsh.

Robert Neal Nelson appeals the judgment of the Circuit Court of Johnson County, Probate Division, dismissing, for failure to state a claim upon which relief could be granted, his "petition," which he contends was filed in accordance with section 511.250, (FN1) to set aside the court's order appointing Elaine Marsh (respondent), the Johnson County Public Administrator, the conservator of the estate... More...   $0 (10-28-2003 - MO)

Estate of Russel Dugger, Deceased, Gary Dugger, et al. v. Dorothy Dugger, Marsha Dalton, et al.

Central to this appeal are issues involving: (a) the validity of a Beneficiary Deed executed by Russel Dugger, deceased, and his wife, Respondent Dorothy Dugger; and (b) whether, by executing certain purported "estate planning" documents together with the Beneficiary Deed, Russel and Dorothy entered into a valid postnuptial agreement, pursuant to section 474.120, RSMo 1994, by which Dorothy waived... More...   $0 (07-31-2003 - MO)

Shirley Joanne Smalley v. Bobby E. Parks, et al.

Shirley Joanne Smalley petitioned for a declaratory judgment from the probate division of the Circuit Court of Hickory County declaring her the equitably adopted child of Simon D. Parks, who died intestate, and as such, the sole heir of the estate of the decedent. Following a bench trial held on June 6, 2002, the trial court found against Petitioner. This appeal followed.

Shirley ("Appellant... More...   $0 (06-27-2003 - MO)

Robert LeSage v. Dirt Cheap Cigarettes and Beer, Inc.

Robert LeSage, claiming to be the unwed father of Brandi Roussin's unborn child, brought this action for the wrongful death of the child, who died when Brandi Roussin was shot to death. The trial court dismissed LeSage's claim. The Court of Appeals, Eastern District, after opinion, transferred the case to this Court. This Court has jurisdiction. M O. C ONST. art. V, sec. 10. The judgment of the... More...   $0 (04-22-2003 - MO)

Richard Ruestman v. Dorothy Ruestman, Personal Representative of the Estate of Walter F. Ruestman.

Richard Ruestman ("Respondent"), as an individual, brought suits against his father's second wife, Dorothy Ruestman ("Appellant" ), as personal representative of the Estate of Walter F. Ruestman. (FN1) The suits were denominated as a suit for the discovery of assets and a will contest action.(FN2) The suits were tried to the jury with the following verdict directors:

INSTRUCTION NO. ... More...   $0 (05-15-2003 - MO)

Blue Ridge Bank and Trust Company, et al. v. American Association of Orthodontists Foundation, et al.

This is a consolidated appeal from a summary judgment granted by the Probate Division of the Circuit Court of Jackson County, Missouri, on a suit for declaratory judgment seeking instructions concerning the proper allocation and distribution of trust assets.

The probate court construed the provisions of the subject trust to require the funding of both "Share A" and "Share B" set forth the... More...   $0 (05-06-2003 - MO)

In the Estate of Lofton B. Croom, Deceased, Kathleen J. Croom v. Opal Bailey, et al

Lofton Croom died on April 13, 2001. On April 12, 2002, Carol Miller, the Public Administrator for Pemiscot County ("public administrator") filed with the Probate Division of the Circuit Court ("probate court") a copy of the purported Joint Last Will and Testament of Lofton Croom, along with copies of the purported First and Second Codicils and purported, original Third Codicil to the Will. (FN... More...   $0 (04-30-2003 - MO)

Heritage Valley Farm, Inc. v. Nixon

This is an original proceeding in prohibition wherein the relator, Heritage Valley Farm, Inc., seeks to prohibit the respondent, the Honorable W. Stephen Nixon, Circuit Judge of the Sixteenth Judicial Circuit, from conducting a trial de novo in the consolidated cases of Heritage Valley Farm, Inc., Donald A. Beebe and Patricia J. Beebe v. Stobaugh, CV95-17357, and Stobaugh v. Heritage Valley Far... More...   $0 (06-28-2002 - MO)

Estate of Boatright v. Boatright

Michael E. Boatright ("Appellant") appeals from an amended judgment of the Probate Division of the Circuit Court of Newton County ("probate court") in favor of Delores Irene Boatright, Personal Representative of the Estate of Robert Charles Boatright, deceased, ("Respondent"), after a discovery of assets proceedings. See section 473.340.(FN1) In its amended judgment, the probate division found ... More...   $56289 (09-17-2002 - MO)

James H. Dickinson v. Verlea Dickinson

James Dickinson appeals from the trial court's judgment denying his request for a constructive trust on assets derived from the estate of his aunt, Delpha Dickinson. He claims the court erred in: (1) determining Delpha was not unduly influenced to transfer all of her assets into joint ownership with James' brother, Harold Dickinson; (2) determining that Delpha's testamentary intent, as expresse... More...   $0 (10-31-2002 - MO)

 
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