GIBBAR v. GIBBAR

No. 41950.

615 S.W.2d 493 (1981)

Paul Garry GIBBAR, Judith Ann Sexauer, James Michael Gibbar, Carol Jean Moore, Kenneth Lee Gibbar, David Lynn Gibbar, Richard Keith Gibbar, and Cindy Renee Gibbar, Plaintiffs-Appellants, v. Harold Pius GIBBAR, Thomas R. Gibbar, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 24, 1981.

Application to Transfer Denied June 8, 1981.


Attorney(s) appearing for the Case

Buerkle, Lowes & Beeson by Albert C. Lowes and Thomas A. Ludwig, Jackson, for plaintiffs-appellants.

James R. McHaney, Cape Girardeau, for defendants-respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 24, 1981.

SATZ, Presiding Judge.

Plaintiffs are beneficiaries of a trust. In a two-count petition, plaintiffs sued two trustees, seeking damages from one trustee and removal of the other. In their damage count, plaintiffs alleged the defendant-trustee breached his fiduciary duty by placing money in a bank account at 5% interest instead of paying off trust indebtedness carrying 8% interest....

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