(Download) "Matter Rosalinda Heisserer v. Harl" by Southern District, Division Two Court of Appeals of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Rosalinda Heisserer v. Harl
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 24, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This appeal is taken from a judgment of the Probate Division of the Circuit Court of Scott County construing an inter vivos
trust. The background facts as found by the trial court and as reflected by the record are that Rosalinda Heisserer and her
husband Zeno owned a 180-acre farm in Cape Girardeau County. They became the parents of one child, Cathrine. Cathrine is fifty-five
years old and is retarded. She is unable to speak but can communicate with her mother. In March 1983, Zeno Heisserer drowned near his farm. Rosalinda and Cathrine moved to Scott City a short time after his death.
In July 1983, Rosalinda executed a revocable inter vivos trust. Nominating herself as sole trustee, she specifically provided
that should she become incapacitated or disabled plaintiffs and the defendant would become successor trustees. Spinks is a
residuary beneficiary of the trust; as such he receives seventy per cent of all remaining trust assets upon the death of
the survivor of Rosalinda and Cathrine. Also named as residuary beneficiaries of the trust are the Immaculate Conception Catholic
Church of Jackson, Missouri and St. Joseph's Catholic Church of Scott City, Missouri, each of which is to receive five per
cent of the residuary estate. William Heuring, Rosalinda's brother, is to receive five per cent of the residuary estate and
Patricia Chapman, Rosalinda's niece, is to receive fifteen per cent. The settlor's reasons for nominating defendant Friedrich
as a successor trustee appear, in part, in Article VII, paragraph 15, of the trust instrument, which provides: