Jackson Exchange Bank & Trust Co. v. Friedrich

HOGAN, Judge.

This appeal is taken from a judgment of the Probate Division of the Circuit Court of Scott County construing an inter vivos trust. The background facts as found by the trial court and as reflected by the record are that Rosalinda Heisserer and her husband Zeno owned a 180-acre farm in Cape Girardeau County. They became the parents of one child, Cathrine. Cath-rine is fifty-five years old and is retarded. She is unable to speak but can communicate with her mother.

In March 1983, Zeno Heisserer drowned near his farm. Rosalinda and Cathrine moved to Scott City a short time after his…