Missouri Court of Appeals, Western District / Dec 19, 2023
Donald A. Riead, Co-Trustee of the John T. Riead, Jr. Revocable Trust, et al. vs. John T. Riead, III, Co-Trustee of the John T. Riead, Jr. Revocable Trust, et al.
The Beneficiaries of the John T. Riead, Jr. Revocable Trust sought to remove John T. Riead III as co-trustee for alleged breaches of fiduciary duty, while Riead III filed a counterclaim for instructions from the court. The trial court denied the Beneficiaries' petition, granted Riead III's counterclaim, and ordered all parties' attorney fees paid from the Trust. On cross-appeals, the appellate court affirmed the trial court's judgment, finding no error in the denial of the Beneficiaries' claims or the granting of Riead III's counterclaim. The court also affirmed the award of attorney fees from the Trust, but remanded for the sole purpose of calculating Riead III's appellate attorney fees.