413 S.W.3d 22
Mo. Ct. App.2013Background
- Plaintiff Richard H. Goldstein filed a declaratory-judgment action under Rule 87.02 seeking construction of an in terrorem clause and alleging maladministration of two related trusts (the Samuel R. Goldstein Living Trust — SRG Trust — and the Richard H. Goldstein Irrevocable Trust — RHG Trust).
- Bank of America, N.A. (U.S. Trust) is corporate trustee of the RHG Trust; Carol Jones is trustee/beneficiary of the SRG Trust; other individual defendants are beneficiaries or contingent remainder beneficiaries.
- Bank and the individual defendants moved to transfer venue from Jackson County, asserting the Missouri Uniform Trust Code (MUTC) §456.2-204 governs venue for trust-administration proceedings and that the RHG Trust’s principal place of administration (and records) is Bank’s office in St. Louis City.
- The trial court denied transfer without specific findings; relators sought writs of prohibition/mandamus and this court issued a preliminary writ and consolidated the matters.
- The central factual record: affidavit from Bank’s officer locating RHG Trust administration and records in St. Louis City; no evidence connecting trust administration to Jackson County; unclear record on SRG Trust registration/administration.
Issues
| Issue | Plaintiff's Argument (Goldstein) | Defendant's Argument (Relators) | Held |
|---|---|---|---|
| Which venue statute governs: MUTC §456.2‑204 or general venue §508.010? | Rule 87.02 declaratory action — general venue §508.010 governs; Jackson County proper under §508.010 based on defendant presence/business in Jackson County. | MUTC §456.2‑204 specifically governs venue for "judicial proceedings involving trust administration," so its registry/administration rules control; RHG Trust is administrated in St. Louis City. | MUTC §456.2‑204 controls; §508.010 is superseded for trust‑administration proceedings. Transfer required to St. Louis City probate division. |
| Whether Goldstein’s petition is a "judicial proceeding involving trust administration" under MUTC definitions | The claim was brought under Rule 87.02, not the MUTC, so MUTC venue is inapplicable. | The petition seeks interpretation, review of trustee actions, and relates to administration — falling squarely within MUTC’s enumerated list of judicial proceedings. | Petition falls within MUTC’s scope (interpretation, review of trustee conduct); MUTC venue applies. |
| Whether venue in Jackson County is established by plaintiff’s submissions | Plaintiff relied on evidence of Bank offices in Jackson County but produced no facts tying trust registration or administration to Jackson County. | Relators produced affidavit locating RHG Trust administration/records in St. Louis City; plaintiff failed to meet burden to show venue proper in Jackson County. | Plaintiff failed to meet burden; no basis for venue in Jackson County. |
| Effect of Rule 87.02(b) on venue choice | Rule 87.02(b) allows declaratory relief by interested persons and has been held to permit probate or circuit filing, implying general venue could apply. | Rule 87.02(b) addresses who may sue, not venue; it does not displace the MUTC venue rules for trust‑administration proceedings. | Rule 87.02(b) does not override MUTC venue; jurisdiction and venue are separate. |
Key Cases Cited
- State ex rel. Mo. Pub. Defender Comm’n v. Waters, 370 S.W.3d 592 (Mo. banc 2012) (standards for writ of prohibition)
- State ex rel. Mo. Pub. Serv. Comm’n v. Joyce, 258 S.W.3d 58 (Mo. banc 2008) (appellate prohibition where circuit court erroneously denied transfer)
- Igoe v. Dep’t of Labor & Indus. Relations, 152 S.W.3d 284 (Mo. banc 2005) (plaintiff must allege facts bringing claim within applicable venue statute)
- State ex rel. McDonald’s Corp. v. Midkiff, 226 S.W.3d 119 (Mo. banc 2007) (venue is determined solely by statute)
- State ex rel. Riordan v. Dierker, 956 S.W.2d 258 (Mo. banc 1997) (harmonizing specific venue statutes)
- Lynch v. Lynch, 260 S.W.3d 834 (Mo. banc 2008) (Rule 87.02 declaratory actions may be brought in probate or circuit court; does not address venue)