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KIMBERLIN v. DULL

No. WD 66741.

218 S.W.3d 613 (2007)

Linda KIMBERLIN, et al., Respondents, v. Donald C. DULL, Successor Personal Representative of the Estate of Eugene L. Dull, et al., Appellants.

Missouri Court of Appeals, Western District.

April 10, 2007.

Attorney(s) appearing for the Case

Larry E. Butcher, Kearney, MO, for Respondents.

Samuel S. Zollicker, Kansas City, MO, for Appellants.

Before HOWARD, C.J., and EDWIN H. SMITH and NEWTON, JJ.

VICTOR C. HOWARD, Chief Judge.

Donald Dull appeals from a declaratory judgment interpreting the provisions of a trust. The trial court found that the sole surviving grantor effectively amended the trust after the other grantor's death. Dull contends language in the trust instrument allowed amendment only by a joint act of the grantors.

Background

Eugene L. Dull and his wife of over 25 years, Margaret, created a revocable trust in January of 1998...

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