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LYNCH v. LYNCH

No. SC 88923.

260 S.W.3d 834 (2008)

John LYNCH, et al., Appellants, v. George A. LYNCH, et al., Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing August 26, 2008.

Attorney(s) appearing for the Case

Harold G. Johnson, Mitchell D. Johnson, St. Ann, for Appellants.

John M. Challis, Robert J. Selsor, St. Louis, for Respondents.

MARY R. RUSSELL, Judge.

This appeal arises from the dismissal of a declaratory judgment action seeking the imposition of a constructive trust on assets that were designated under a living trust. The judgment of the trial court is reversed, and the case is remanded.

I. Facts

Harry Schoepp ("Husband") executed his last will and testament, which bequeathed his estate to his wife, Olivia Schoepp ("Wife"), unless she predeceased him. If she predeceased...

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