Roger C. Smith and Lavonne Morrisey Missouri Cases

Howard and Darrell Smith, individually and as co-trustees of the Virginia Marie Smith Revocable Trust, filed a declaratory judgment action to set aside an amendment to the Trust, alleging Virginia lacked capacity and was unduly influenced by Roger Smith and Lavonne Morrisey. A jury found in favor of Howard and Darrell, concluding the Trust Amendment was invalid due to lack of mental capacity and undue influence. Roger and Lavonne appealed, challenging the sufficiency of the evidence for undue influence and the trial court's decision to grant a jury trial. The appellate court affirmed the trial court's judgment, finding substantial evidence supported the undue influence claim and that a jury trial was appropriate for factual issues in a declaratory judgment action.