Legal Opinion

Victor D. Labantschnig, Jr. v. Kenneth H. Bohlmann, and Dennis G. Labantschnig

Missouri Court of Appeals

Decided August 26, 2014No. ED100790PublishedCited by 4 opinions

1Opinion of the Court

OPINION

MARY K. HOFF, Judge.

Kenneth H. Bohlmann (Trustee) and Dennis G. LaBantschnig (Dennis) appeal from the judgment following an equity suit brought by Victor D. LaBantschnig, Jr. (Victor) 1 against Trustee alleging breach of fiduciary duty under the Victor D. La-Bantschnig, Sr. Revocable Living Trust (Trust). We affirm.

Factual and Procedural Background

On February 10, 1995, Victor La-Bantschnig, Sr. (Grantor) created the Trust, subsequently amended, which named Dennis and Victor as sole beneficiaries. The Trust was to be distributed pursuant to the terms of Item Four, which provides the…

2Cases cited5 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Betty G. Weldon Revocable Trust Ex Rel. Vivion v. WeldonMissouri Court of Appeals · 2007
  3. Chaney v. CooperMissouri Court of Appeals · 1997
  4. Cox v. FisherSupreme Court of Missouri · 1959
  5. Tobias v. KormanMissouri Court of Appeals · 2004

3Cited by4 opinions

  1. In the Estate of ROSETTA F. KEEN, LOUIE R. KEEN v. AMBER J. WOLFE, individually and as Personal Representative of the Estate of Rosetta F. Keen, and CYNTHIA A. KEEN, Respondents-Respondents.Missouri Court of Appeals · 2016
  2. In the Estate of: Marshall O. Buder, Sr.Missouri Court of Appeals · 2022
  3. Margaret C. Ughetta v. Mary Harding Cist, individually, as of Estate of John David Cist, and as Trustee of the Supp Trust Agreement of John David CistCourt of Chancery of Delaware · 2015
  4. Paul Arthaud v. Gordon ArthaudMissouri Court of Appeals · 2020

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