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WATERMANN v. ELEANOR E. FITZPATRICK

No. ED 96541.

369 S.W.3d 69 (2012)

Jane WATERMANN, Plaintiff/Appellant, v. ELEANOR E. FITZPATRICK REVOCABLE LIVING TRUST, Wallace W. Fitzpatrick, Individually and as Trustee of the Eleanor E. Fitzpatrick Revocable Living Trust, Bonita Fitzpatrick, Leroy G. Fitzpatrick, Paulette Fitzpatrick, Deric Fitzpatrick, Dean Fitzpatrick, and Wayne C. Fitzpatrick, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

June 19, 2012.

Attorney(s) appearing for the Case

Joseph V. Neill , St. Louis, MO, for appellant.

Steven P. Kuenzel , Colleen M. Kuenzel , Eckelkamp Kuenzel LLP, Washington, MO, Frederick H. Schwetye , Union, MO, for respondents.

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff, the beneficiary of a trust, filed a lawsuit against the trust, the trustee, the trustee's wife, and the remaining trust beneficiaries to obtain an accounting, removal of the trustee, and imposition of a constructive trust on the ground that the settlor of the trust created the trust and transferred assets to it as a result of the undue influence of the trustee and his wife (Count I) and to obtain damages based on...

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