Missouri Court of Appeals, Eastern District / Sep 24, 2019
Whitmoor Realty, LLC, Respondent, v. Kevin J. Beckerle as Trustee of the Delora A. Beckerle Living Trust dated June 10, 1999, Appellant.
Kevin J. Beckerle, as Trustee of the Delora A. Beckerle Living Trust, appealed a judgment in favor of Whitmoor Realty, LLC, for breach of a promissory note. The Trust had executed a note which was later assigned to Whitmoor, and after foreclosure, a balance remained. Beckerle argued the claim was time-barred by a statute governing creditor claims against a settlor, and challenged evidentiary rulings. The Eastern District affirmed the trial court's judgment, holding that the statute applied only to creditors of a settlor, not the trust itself, and that the evidentiary rulings were within the trial court's discretion.