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Monthly Archives: January 2016

Delegation by Trustee, Agents

A trust administration can be complex, particularly if it includes securities, real estate or business interests. Sometimes more than just the trustee is needed to make decisions. As a general rule, trustees are entitled to delegate to an agent duties and powers that a prudent trustee could properly delegate under the circumstances. Lorimont Place, Inc. v. […]

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Supplemental Pleadings

In Missouri, lawsuits are frequently amended to account for newly discovered facts or to correct errors in the initial filing. Under Rule 55.33, the Court is obligated to give permission to amend whenever “justice so requires.” There is a difference, though, between an amended pleading and supplemental pleading.  Also discussed in Rule 55.33, a supplemental […]

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Mootness on Appeal

Courts can generally only render an opinion or judgment when there is actually a controversy in a case. Legally, this means that a party filing a lawsuit must have “standing” and there must be a “justiciable” controversy. This  exists when a party has an interest in the subject matter of the suit that gives it a […]

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Voluntary Dismissals

In Missouri, a plaintiff in a civil lawsuit has unfettered authority to dismiss his/her/its lawsuit all the way up until a trial. Under Rule 67.02, a plaintiff may dismiss a civil lawsuit at any time prior to the swearing of the jury panel for jury selection. For judge-tried cases, a plaintiff may dismiss at any […]

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Confidential/Fiduciary Relationship in an Undue Influence Claim

Undue influence is “influence which by force, coercion, or over-persuasion destroys the free agency of the [individual signing a document].” Tobias v. Korman, 141 S.W.3d 468, 475 (Mo. Ct. App. 2004). If undue influence existed, then the underlying document is void. Undue influence generally is litigated in cases involving the validity of wills, trusts or other […]

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