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WILSON v. RHODES

No. 27904.

258 S.W.3d 873 (2008)

Brenda WILSON, Personal Representative of the Estate of Amelia J. Winchester, Plaintiff-Respondent, v. Billy RHODES, Jr., Individually, and as Successor Trustee of the Bill Rhodes, Sr., Trust, Kathy Kinder, Individually, and as Successor Trustee of the Jean F. Rhodes Trust, Defendants-Appellants, and Abigail Winchester, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer to Supreme Court Denied July 18, 2008.

Application for Transfer Denied August 26, 2008.

Attorney(s) appearing for the Case

Donald R. Rhodes, Bloomfield, MO, for defendants-appellants Billy Rhodes, Jr. and Kathy Kinder.

George W. Gilmore, Jr., Sikeston, MO, for defendant-appellant Abigail Winchester.

James R. Tweedy, Bloomfield, MO, for plaintiff-respondent.

JEFFREY W. BATES, Chief Judge.

The trial court granted a summary judgment requiring the successor trustees of two trusts to distribute certain assets to the personal representative of a decedent's estate. On appeal, the trustees contend that the court misapplied the law in so ruling. Finding no error, this Court affirms the judgment as modified.

I. Standard of Review

Appellate review of a summary judgment...

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