Legal Opinion

Lynch v. Lynch

Supreme Court of Missouri

Decided August 26, 2008No. SC 88923PublishedCited by 116 opinions

1Opinion of the Court

MARY R. RUSSELL, Judge.

This appeal arises from the dismissal of a declaratory judgment action seeking the imposition of a constructive trust on assets that were designated under a living trust. The judgment of the trial court is reversed, and the case is remanded.

I. Facts

Harry Schoepp (“Husband”) executed his last will and testament, which bequeathed his estate to his wife, Olivia Schoepp (“Wife”), unless she predeceased him. If she predeceased him, the estate would be paid to a joint revocable living trust which was executed the same day as the will. 1 The will also stated that no gift,…

2Cases cited8 opinions

  1. Ste. Genevieve School District R-II v. Board of Aldermen of Ste. GenevieveSupreme Court of Missouri · 2002
  2. Fix v. FixSupreme Court of Missouri · 1993
  3. Moynihan v. GunnMissouri Court of Appeals · 2006
  4. Agnew v. Union Construction CompanySupreme Court of Missouri · 1956
  5. Brown v. BrownMissouri Court of Appeals · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by116 opinions

  1. Huch v. Charter Communications, Inc.Supreme Court of Missouri · 2009
  2. R.M.A. (a Minor Child), by his Next Friend: Rachelle Appleberry v. Blue Springs R-IV School District and Blue Springs School District Board of EducationSupreme Court of Missouri · 2019
  3. The Metropolitan St. Louis Sewer District v. The City of Bellefontaine Neighbors, Sherrell Construction, Inc.Supreme Court of Missouri · 2016
  4. City of Lake Saint Louis v. City of O'FallonSupreme Court of Missouri · 2010
  5. Rentschler v. NixonSupreme Court of Missouri · 2010

111 more not listed; retrieve them via the Exa API.

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