369 S.W.3d 69
Mo. Ct. App.2012Background
- Plaintiff seeks accounting, removal of the trustee, and a constructive trust alleging undue influence by the trustee and his wife; trial court ruled for defendants.
- Settlor Eleanor E. Fitzpatrick died in 2007, leaving a trust and related documents—will, deeds, power of attorney—naming Wallace as trustee and excluding plaintiff from certain benefits.
- The trust, deeds, and power of attorney were executed in 2007 after meetings with attorney Robert Zick; plaintiff challenges these documents as resulting from undue influence.
- Trial evidence included testimony from Zick and the settlor’s nurse supporting competency and lack of undue influence; defense argued influence was not exerted.
- Trial court found no undue influence, held plaintiff’s share revoked under Article IV.F of the Trust, and entered judgment for defendants; plaintiff appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Undue influence versus mental competency | Court misapplied mental-competency law | Competency evidence supports no undue influence | No misapplication; competency considered appropriately |
| Presumption of undue influence | Overwhelming evidence creates presumption | Presumption not conclusive; court evaluates total evidence | Court did not err; presumption not necessary to prove undue influence |
| Sufficiency of undue-influence evidence | Confidential relationship and conduct show undue influence | Evidence fails to show coercion destroying free will | Judgment supported by substantial evidence; no undue influence |
Key Cases Cited
- Tobias v. Korman, 141 S.W.3d 468 (Mo.App.2004) (burden on plaintiff to prove undue influence; definition of undue influence)
- Duvall v. Brenizer, 818 S.W.2d 332 (Mo.App.1991) (presumption of undue influence when certain elements shown)
- Ruestman v. Ruestman, 111 S.W.3d 464 (Mo.App.2003) (undue-influence law; materiality of settlor’s susceptibility)
- Duerbusch v. Karas, 267 S.W.3d 700 (Mo.App.2008) (presumption framework for undue influence with confidential relationships)
- Dickinson v. Dickinson, 87 S.W.3d 438 (Mo.App.2002) (standards for reviewing undue-influence findings in court-tried cases)
- Robertson v. Robertson, 15 S.W.3d 407 (Mo.App.2000) (undue influence considerations and free agency)