Switzer v. Mercantile Bank of St. Louis, N.A.

PUDLOWSKI, Judge.

Peter K. Switzer, (Switzer), appeals from the trial court’s judgment granting Mercantile Bank of St. Louis, N.A.’s, (Bank), motion to dismiss. We affirm.

I. Background

The uncontested facts are as follows. On November 29, 1963, Luke Hart, Sr. (Hart) established a Trust as part of his last Will and Testament (will). At the time of the execution, Hart had three children: Luke Hart, Jr. (Luke), Catherine J. Switzer (Catherine), and John T. Hart (John). At the time of the will’s execution, Catherine had three children: Susan Fons, Paul Switzer and Peter Switzer, the last of whom is…