HERTEL EX REL. HERTEL v. NATIONSBANK N.A.

No. ED 78227.

37 S.W.3d 408 (2001)

Susan HERTEL, by her attorney-in-fact Carl HERTEL, Plaintiff/Appellant, v. NATIONSBANK N.A. n/k/a Bank of America, and William A. McDowell, Jr., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

February 6, 2001.


Attorney(s) appearing for the Case

Michael A. Wolff, Charles A. Seigel III, St. Louis, MO, for appellant.

David S. Slavkin, Mark G. Holden, St. Louis, MO, for Nationsbank N.A.

Jerry J. Murphy, Daniel G. Tobben, St. Louis, MO, for William A. McDowell, Jr.


MARY RHODES RUSSELL, Judge.

Susan Hertel ("Beneficiary")1 appeals from the grant of summary judgment entered by the Circuit Court of the City of St. Louis in favor of Nationsbank N.A. n/k/a Bank of America and William A. McDowell, Jr. ("Trustees"). Beneficiary asserts that Trustees should not be allowed to consider the financial resources available to her in determining what amount, if any, should be paid to her from the principal of a...

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