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PUZZANCHERA v. LOETEL

No. SD 28895.

293 S.W.3d 51 (2009)

Pamela J. Loetel PUZZANCHERA, Clifford S. Brown and Bank of America, N.A., as Successor to Boatmen's Trust Company, Co-Trustees of the Christine A. Loetel Irrevocable Trust Agreement dated December 14, 1995, Petitioners-Respondents, v. David A. LOETEL, Respondent-Appellant, and Stephanie L. Loetel, individually, and Pamela J. Loetel Puzzanchera, f/k/a Pamela Loetel, individually and as Personal Representative of the Estate of Christine A. Loetel and Jeremiah W. "Jay" Nixon, Attorney General of the State of Missouri, Respondents-Respondents.

Missouri Court of Appeals, Southern District, Division One.

August 25, 2009.

Attorney(s) appearing for the Case

Stuart H. King, Springfield, MO, for Appellant David A. Loetel.

Rodney H. Nichols, Springfield, MO, for Respondents Puzzanchera, Brown & Bank of America.

Bob Carlson, St. Louis, MO, for Respondent Jeremiah W. (Jay) Nixon.

JEFFREY W. BATES, Judge.

In 1995, Christine Loetel (Christine) executed an irrevocable trust agreement (the Trust) which specifically prohibited her from exercising a power of appointment in favor of her father, David Loetel (David).1 In 2003, Christine executed a Last Will & Testament (the 2003 Will), in which Christine purported, inter alia, to exercise a power of appointment in favor of David. Following Christine's death...

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