Stabler v. Stabler
326 S.W.3d 561
Mo. Ct. App.2010Background
- Ernest F. Stabler created a revocable living trust; trustees are his children (Respondents).
- Stabler married Appellant Joyce Stabler in 1998; an ante nuptial agreement exists; Stabler suffered disability and a conservatorship estate was established.
- Stabler died July 27, 2008; Respondents were appointed as co-personal representatives of his estate.
- On September 11, 2009, Appellant filed a three-count petition alleging she was a beneficiary and seeking an accounting and alleging self-dealing and unjust enrichment.
- The petition did not attach the Trust; Respondents moved to dismiss for lack of standing in their trustee capacity and as personal representatives.
- Trial court granted dismissal on standing grounds; appeal followed seeking reversal as to trustees and affirmation as to personal representatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could rely on outside pleadings evidence to dismiss for standing | Stabler: court erred by considering Trust terms not in pleadings | Stabler: terms show no beneficiary status; proper to dismiss | No reversal; court did not rely improperly on outside evidence |
| Whether Appellant has standing against Respondents as trustees | Appellant is a Trust beneficiary | Trust terms negate beneficiary status | Standing exists; dismissal reversed as to trustees |
| Whether Appellant has standing against Respondents as personal representatives | Count III asserts pre-death acts implicating personal representatives | No acts by personal representatives occurred during their appointment | Dismissal affirmed as to personal representatives |
Key Cases Cited
- Kinder v. Holden, 92 S.W.3d 793 (Mo. App. W.D. 2002) (standing determined by petition and undisputed facts)
- Switzer v. Hart, 957 S.W.2d 512 (Mo. App. E.D. 1997) (standing analyzed via summary judgment mode)
- Lynch v. Lynch, 260 S.W.3d 834 (Mo. 2008) (petition must state a claim; favorable view to plaintiff)
- Breeden v. Hueser, 273 S.W.3d 1 (Mo. App. W.D. 2008) (evidence outside pleadings cannot support dismissal)
- Evergreen Nat'l Corp. v. Carr, 129 S.W.3d 492 (Mo. App. S.D. 2004) (jurisprudence on evidentiary scope in dismissals)