SALEM UNITED METHODIST CHURCH v. BOTTORFF

No. 25622.

138 S.W.3d 788 (2004)

SALEM UNITED METHODIST CHURCH and Salem Public Library, Plaintiffs-Respondents, v. Bill BOTTORFF and Jacqueline Bottorff, Defendants-Appellants, Salem Nutrition Site, Linda Bottorff Wood, and Curtis Bottorff, Individually and as Trustee of the First Amended Arnold B. Bottorff Trust, Defendants.

Missouri Court of Appeals, Southern District, Division Two.

July 14, 2004.


Attorney(s) appearing for the Case

R. Brooks Kenagy, Steelville, MO, for appellants.

W.H. Thomas, Jr., Emily Woodward, Rolla, MO, for respondents.


JEFFREY W. BATES, Judge.

The unusual issue presented in this appeal is whether a Missouri trust can be revoked by physical act, rather than by compliance with the method of revocation specified in the trust. This question arose because, after the settlor's death, all three signed copies of his amended trust were discovered with the distributive provisions torn from the documents. The trial court ruled that the amended trust was still valid because the evidence presented...

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