Matter of Matheny Family Trust

KONENKAMP, Retired Justice.

[¶ 1.] In this Trust action, one trustee (the sister) sued her co-trustee (the brother) for undue influence on his contract for deed with their mother. Granting summary judgment for the brother, the circuit court held that the sister’s claim was barred by the statute of limitations. In addition, the court ruled that the statute of frauds barred the sister’s later-asserted claim that an oral agreement existed between the parties.

Background

[¶2.] C. Wayne Matheny and Karen Bridges are siblings. Their mother and father (Annabelle and Carroll) established the Matheny…