Missouri Court of Appeals, Western District / Date unavailable
Cary Shippert vs. Terry Shippert, et al.
Cary Shippert challenged his mother's trust, alleging incapacity and undue influence, but the trial court granted summary judgment to the defendants, finding Cary lacked standing. The court reasoned that a provision in the decedent's will incorporated the trust's terms, ensuring Cary would receive the same distribution even if the trust was invalidated. On appeal, Cary argued this ruling erred under statutory lapse provisions and public policy. The appellate court affirmed, concluding that because Cary did not contest the will, its binding provisions meant he had no legally protectable interest at stake in challenging the trust.