Ward v. Bank Midwest, NA

TURNAGE, Chief Judge.

Catherine Ward appeals the dismissal of her action for a declaratory judgment against Bank Midwest, NA, seeking a declaration that Bank Midwest should be required to repay certain funds removed from a trust. The motion to dismiss claimed that Ward’s failure to join an indispensable party required dismissal under Rule 52.04. Reversed and remanded.

Catherine Ward is the sole income beneficiary of a testamentary trust established by the last will and testament of Iris Brown who died on June 29, 1990. Terry Sheddrick is the trustee and was also the personal representative.…