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TRUST ESTATE UNDER LAST WILL v. WELCH

No. 61496.

842 S.W.2d 567 (1992)

TRUST ESTATE UNDER LAST WILL and Testament OF Irwin C. WELCH, Deceased, and Martha E. Welch Conservatorship, (James R. Behrens, Successor Conservator) State of Missouri ex rel. Steven S. Schroder and Charles E. Schroder, Plaintiffs-Appellants, v. Clarence E. WELCH, Jr. and American States Insurance Company Formerly the Western Casualty and Surety Company, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Northern Division.

December 8, 1992.

Attorney(s) appearing for the Case

Clayton & Rhodes, Robert M. Clayton, II, Hannibal, for plaintiffs-appellants.

Brett, Erdel, Van Matre, Tanzey & Hamlett, P.C., Bradford A. Brett, Mexico, for respondent American States Ins. Co.

Wasinger, Parham, Morthland, Terrell & Wasinger, James D. Terrell, Hannibal, for respondent Clarence E. Welch, Jr.

PUDLOWSKI, Judge.

This is an appeal from an action filed by the brother of an incapacitated ward against the former conservator of the ward's estate and his bonding company. Appellants sought damages for expenses incurred in compelling proper administration of the ward's estate. The trial court absolved the former conservator and his bonding company of liability. We affirm.

I. Facts

In the late 1970's Irwin (Ted) Welch and his wife Martha Welch were...

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