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Monthly Archives: May 2019

Trustee Removal without Cause

Although it is not as frequently utilized as the “for cause” removal provisions — e.g., serious breach of trust, unfitness/failure to administer, lack of cooperation between cotrustees — Missouri trust law does permit a trustee to be removed without cause in certain situations. Under Section 456.7-704.2(4), the Court has discretion to remove a trustee if […]

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Default, Notices

A party is in default when the party fails to make a response to a petition/lawsuit in Missouri. Other than the obvious downside of a default judgment, a defaulting party is not entitled to all notices when in default, either. Under Rule 43.01(a), parties are to be served with every pleading subject to the original […]

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Covenant Not to Sue, Releases

While not as common as a contractual release of claims, a contract may contains a covenant not to sue. Despite it being technically different, Missouri courts generally consider a covenant not to sue a release for purposes of determining its legal effect. Montrose Sav. Bank v. Landers, 675 S.W.2d 668, 670-71 (Mo. Ct. App. 1984). […]

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Real Estate Descriptions in Quiet Title Judgments

In quiet title lawsuits, Missouri requires that the judgment describe the affected real estate with reasonable certainty. Patterson v. Harrison, 46 S.W.3d 580, 581 (Mo. Ct. App. 2001). Every party to a quiet title suit has a right to have their respective titles affirmatively adjudged and declared. Turkey Mountain Airport, Inc. v. Estate of Faler, […]

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