When interpreting a trust, the Settlor’s “intent is controlling and such intention must be ascertained primarily from the trust instrument as a whole.” Berezo v. Berezo, 628 S.W.3d 737, 743-44 (Mo. App. E.D. 2021). Because language and circumstances vary, the Court must examine “the specific language as well as the surrounding circumstances.” Matter of TR…
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Deed Interpretation, Vagueness, Extrinsic Evidence
Deeds are required to transfer title to real property. Sometimes, confusing language is used in deeds to where it is unclear when a certain person receives property. Like with contracts, the interpretation of deeds in Missouri centers on ascertaining the intention of the grantor (i.e., the person executing the deed and conveying title) from the…
Ambiguous Trusts, Parol Evidence
In interpreting trust documents, you are generally restricted to reviewing only the language and terms of the trust. Indeed, “[a]bsent any ambiguity in the terms of the trust, the intent of the [trust-maker] must be determined from the four corners of the instrument without resort to parol evidence as to the intention.” Kempton v. Dugan, 224…
Contract Disputes: Ambiguity, Vagueness, Reformation
Interpreting contract language is an essential requirement for any commercial/business attorney. It is, further, an important job function of judges. The cardinal rule for interpreting contracts is to ascertain the intention of the parties through the language of the contract and to give effect to that intention. J.E. Hathman, Inc. v. Sigma Alpha Epsilon Club, 491 S.W.2d…