Ittner v. United Missouri Bank of St. Louis, N.A.

GERALD M. SMITH, Presiding Judge.

Plaintiffs appeal the denial of their petition to terminate a testamentary trust and the court’s action in amending the trust termination clause. We affirm.

In 1931, Fred A. Banister (testator) executed his will in which he created the trust in issue. He and his wife Nonie, had two children, Marian Banister Sherrill and Edward M. Banister, Sr. When the will was executed they also had two living grandchildren, Mary Ann Sherrill (subsequently Ittner), daughter of Marian Banister Sherrill, and Edward M. Banister, Jr., son of Edward M. Banister, Sr.

Testator died in…