Legal Articles

Determining a Grantor’s Intent in Trusts

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…

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…

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