Missouri Court of Appeals, Southern District / Dec 6, 2019
BOYD A. PENNINGTON, individually and as Successor Trustee of the JAMES W. GRESHAM LIVING TRUST, Plaintiff-Appellant vs. SAIDEE ANN VONIER, individually, and as Trustee of the JAMES W. GRESHAM LIVING TRUST, Defendant-Responden
Boyd A. Pennington appealed the trial court's judgment, after a bench trial, regarding the James W. Gresham Living Trust. Pennington, Gresham's stepson and a contingent beneficiary, sought to prevent Saidee Ann Vonier, Gresham's wife and successor trustee, from selling trust real estate or to mandate a deed reflecting his remainder interest. The appellate court affirmed the trial court's judgment, finding no merit in Pennington's arguments that Vonier's roles merged to limit her interest to a life estate or that she lacked authority to amend the trust and distribute assets to herself.