Missouri Court of Appeals, Western District / Feb 21, 2023
In the Matter of the H. Boone Porter Trust created under the deed of trust dated August 1, 1960, as amended by amendment dated May 14, 1968, as reformed by judgment dated July 27, 1999, and as further amended by consent judgment dated November 21, 2002, and April 23, 2004, and also known as registered trust no. 169041, H. Boone Porter, III. vs. Caroline Porter Hayes, et al
Appellants, beneficiaries of the H. Boone Porter Trust, appealed the circuit court's judgment denying their request to remove H. Boone Porter, III, as individual co-trustee and to appoint a corporate co-trustee. The appellate court affirmed the denial of the request to remove Boone as trustee, finding substantial evidence supported the circuit court's finding that Boone acted in good faith and did not breach his fiduciary duties. However, the court reversed and remanded the denial of the request to appoint a corporate co-trustee, holding that the trust instrument provided Appellants independent authority to seek such an appointment regardless of a breach of trust.