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SCHUMACHER v. SCHUMACHER

No. WD 70465.

303 S.W.3d 170 (2010)

James Price SCHUMACHER, Individually and as natural guardian for James Price Schumacher, II and Charles Beckwith Schumacher, Minors, et al., Respondents, v. Louis Edward SCHUMACHER, Austin, Individually and as Trustee of the Louis E. Schumacher, Sr. Irrevocable Trust Agreement dated December 30, 1976, et al., Appellants.

Missouri Court of Appeals, Western District.

February 23, 2010.

Attorney(s) appearing for the Case

Patrick N. Fanning, for Appellants.

Charles T. Schimmel, for Respondents.

Before Division Two: JOSEPH M. ELLIS, Presiding Judge, VICTOR C. HOWARD, Judge and JAMES EDWARD WELSH, Judge.

VICTOR C. HOWARD, Judge.

Louis Edward Schumacher Austin and Sara Schumacher ("Trustees")1 appeal the judgment of the trial court in favor of James Price Schumacher and Cindy Sue Davis ("Beneficiaries") on their petition for declaratory judgment. On appeal, Trustees contend that the trial court erred in entering a judgment finding that Trustees had breached their fiduciary duties because: (1...

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