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MATTER OF KILLIAN

No. SD 35150.

561 S.W.3d 411 (2018)

In the MATTER OF the Betty J. KILLIAN Revocable Trust. Joseph P. Killian, Petitioner-Appellant, v. William Killian, Individually and as Co-Trustee of the Betty J. Killian Revocable Trust, and Trust Company of the Ozarks, Co-Trustee of the Betty J. Killian Revocable Trust, Respondents-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 3, 2018.

Application for Transfer to Supreme Court Denied December 18, 2018.

Attorney(s) appearing for the Case

Attorneys for Appellant: Craig F. Lowther and N. Austin Fax , LOWTHER JOHNSON ATTORNEYS AT ALW, LLC, Springfield, Missouri.

Attorneys for Respondents: Warren H. Harris and Lance A. Roskens , TAYLOR, LLP, Springfield, Missouri.

Eight days before her death, Betty Killian amended the Betty J. Killian Revocable Trust (referred to as "Betty's Trust" or "her Trust") to remove her son, Joseph ("Joe") Killian, as a beneficiary, thereby leaving the entirety of her Trust estate to her other son, William ("Bill") Killian.1 Following...

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