SIEFERT v. LEONHARDT

No. 73901.

975 S.W.2d 489 (1998)

Addie M. SIEFERT, Roger A. Leonhardt, Paul A. Leonhardt and Victoria Gough, Appellants, v. Jacqueline J. LEONHARDT, Individually and as Successor Trustee of The Roger E. Leonhardt Revocable Living Trust, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 1, 1998.


Attorney(s) appearing for the Case

Margaret M. Mooney, Katharine M. Barrett, St. Louis, for appellant.

Robert W. Henry, Clayton, for respondent.


AHRENS, Judge.

Plaintiffs, all of whom have a future contingent interest in the corpus of the Roger E. Leonhardt Revocable Living Trust (Roger Trust), filed a four-count petition in equity against defendant, Jacqueline Leonhardt, the trustee of the Roger Trust. The trial court dismissed plaintiffs' petition because it found that there was no fiduciary relationship between plaintiffs and defendant. We reverse and remand.

Bertha Leonhardt created the Bertha...

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