Moffat v. Lynch

SEILER, Judge.

This appeal from a trial court order sustaining respondents’ motion for summary judgment was transferred to the Supreme Court on application of the appellants from the eastern district court of appeals, prior to opinion. Rule 83.06. Jurisdiction lies with this court pursuant to Art. V, § 10, Mo. Const, (as amended 1976).

Appellants’ father, James Moffat III, was the brother of respondent sisters. All three siblings were the named equal income beneficiaries of a certain testamentary trust set up by their great-uncle in 1951. The trust provided that upon the death of any one of the…