Mignon L. Lambley, Et Al. Missouri Cases

Siblings Mignon Lambley and Sydney Burch sued their brother Kim Diehl, successor trustee of their parents' trusts, seeking his removal and financial restitution for his use of trust assets. Kim counterclaimed for quantum meruit, unjust enrichment, and instructions. The appellate court affirmed the trial court's findings for Kim on his unjust enrichment claim and the denial of prejudgment interest to Mignon and Sydney. However, the court reversed and remanded the quantum meruit claim, finding the trial court erred by not applying the presumption that family services are gratuitous in trust proceedings.