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HAMERSTROM v. COMMERCE BANK

WD 42121.

808 S.W.2d 434 (1991)

Elizabeth HAMERSTROM, Appellant, v. COMMERCE BANK OF KANSAS CITY, N.A., Davis Hamerstrom, Edward Hamerstrom, Eric Hamerstrom, the Unknown and Unascertained Beneficiaries of the Remainder of the Erle H. Smith Testamentary Trust, Respondents.

Missouri Court of Appeals, Western District.

May 7, 1991.

Attorney(s) appearing for the Case

Robert O. Lesley, Ace E. Rowley, Stinson, Mag & Fizzell, Kansas City, for appellant.

Frank J. Murphy, Kansas City, Guardian ad Litem for Unknown and Unascertained Beneficiaries of the Remainder of the Erle H. Smith Testamentary Trust.

Guy A. Magruder, Jr., Robert M. Beachy, Van Osdol, Magruder, Erickson & Redmond, Kansas City, for respondent Commerce Bank of Kansas City, N.A.

Davis Hamerstrom, pro se.

Edward Hamerstrom, pro se.

Eric Hamerstrom, pro se.

Before ULRICH, P.J., and SHANGLER and TURNAGE, JJ.

ULRICH, Presiding Judge.

Elizabeth Hamerstrom appeals from the trial court's judgment denying her petition for deviation to increase the amount that she receives monthly from a trust and for attorney fees. Mrs. Hamerstrom, a lifebeneficiary of the trust, acquired the consent of the trust's remaindermen, her husband and two sons, to her proposed deviation. The trial court determined that the unnamed issue of Mrs. Hamerstrom...

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