Lorch v. Mercantile Trust Co. Nat. Ass'n

SNYDER, Presiding Judge.

This is a declaratory judgment action in which the defendant appeals from the judgment of the Circuit Court of St. Louis County which granted the plaintiff’s motion for judgment on the pleadings and denied appellant’s motion for judgment on the pleadings. The judgment is affirmed.

The definitive issue is whether respondent, having elected to take against her husband’s will, may nonetheless retain her beneficial life income interest in the inter vivos trust to which her husband poured over a substantial portion of his testamentary estate. This is a matter of first…