WITMER v. BLAIR

No. 30319.

588 S.W.2d 222 (1979)

Marguerite Janice WITMER, et al., Appellants, v. Jane Ann BLAIR, Trustee, Respondent.

Missouri Court of Appeals, Western District.

October 1, 1979.


Attorney(s) appearing for the Case

Wendell E. Koerner, Jr., Larry E. Scott, St. Joseph, for appellants; Brown, Douglas & Brown, St. Joseph, of counsel.

William Rosenthal, St. Joseph, for respondent.

Before WASSERSTROM, C. J., and WELBORN and MASON, Special Judges.


ROBERT R. WELBORN, Special Judge.

Plaintiffs, beneficiaries of a testamentary trust, filed a two-count action against defendant trustee, seeking an accounting, removal of the trustee, and actual and punitive damages for breach of fiduciary duties. After trial to the court, the court ordered an accounting and removal of the defendant as trustee and entered judgment against defendant for $309 for unaccounted for funds but found against plaintiffs on their claim for...

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