MARY C. SCHWARZE, et al Missouri Cases

Christine Bell-Kaplan appealed the trial court's judgment in favor of the Schwarzes in a quiet title and declaratory judgment action concerning two tracts of land. Kaplan alleged Henrietta Schwarze lacked the mental capacity to execute deeds and powers of attorney that ultimately conveyed the property to Henrietta's nieces and nephews, revoking prior beneficiary deeds to Kaplan. The appellate court affirmed the trial court's judgment on all points of Kaplan's appeal, finding she failed to meet her burden of proof or properly preserve certain arguments. However, the court reversed and remanded the trial court's decision to set aside costs against Kaplan, holding that the Schwarzes, as the prevailing party, were entitled to recover costs.