Rouner v. Wise
Decision Date | 14 October 2014 |
Docket Number | No. SC 93679.,SC 93679. |
Citation | 446 S.W.3d 242 |
Court | Missouri Supreme Court |
Parties | C. David ROUNER and Alisha Hudson, Appellants, v. Cari Renee WISE, Individually and as Co–Trustee of the K.R. Conklin Living Trust, and Carli Nicole Conklin, Individually and as Co–Trustee of the K.R. Conklin Living Trust, Respondents. |
Antony L. Dewitt, Edward D. Robertson Jr., Mary D. Winter, Bartimus, Frickleton, Robertson & Gorny PC, Jefferson City, Mark L. Williams, John Jay Benson, The Benson Law Firm, Kriksville, for the stepchildren.
Robert J. Selsor, Jeffrey M. Glogower, Polsinelli PC, St. Louis, David L. Knight, Knight & Salladay Law Offices, Columbia, for the children.
Cari Renee Wise and Carli Nicole Conklin (the “Children”) became trustees of their father's inter vivos trust (i.e., the K.R. Conklin Living Trust (“Trust”)) when Dr. Conklin died in 2009. They are being sued in their individual capacities and as trustees of the Trust by the children of Dr. Conklin's second wife, C. David Rouner and Alisha Hudson (the “Stepchildren”).
The Stepchildren seek relief in three counts. First, they seek a declaration that they are beneficiaries of the Trust. Second, they seek an order requiring the Children to distribute certain Trust assets to them. Third, they seek a declaration that the Children are no longer beneficiaries of the Trust because they violated its “no contest” provision. Following a bench trial, the circuit court entered judgment for the Children on all counts. This Court has jurisdiction of the Stepchildren's appeal. Mo. Const. art. V, § 10. The judgment is affirmed.
The following facts were largely uncontested at trial and were found, explicitly or implicitly, by the trial court.
Dr. Conklin's marriage to his first wife (i.e., the Children's mother) ended in divorce prior to the events in this lawsuit. In 1990, Dr. Conklin began living with Diana Jo Conklin, who would become his second wife (“Mrs. Conklin”), along with one Stepchild (David) and the Children. At that time, the Children were approximately 15 and 16 years of age and the Stepchildren were approximately five and ten years old. The other Stepchild (Alisha) lived part of the time with them and part with her father. All four children eventually left the couple's home to establish their own homes. Dr. Conklin and Mrs. Conklin were married in 2000 and remained married until Dr. Conklin's death in 2009.
On October 24, 1996, Dr. Conklin executed (in the following order): (1) an agreement between himself as “Trustor” and himself as “Trustee” creating the Trust (the “1996 Agreement”) and (2) a will giving his net probate estate to the Trust (the “Pour–Over Will”). The will emphasizes that the Trust is an existing inter vivos trust and is not to be construed as a testamentary trust. See § 456.021.1
The 1996 Trust Agreement named Dr. Conklin as the sole trustee and designated the Children to serve as co-trustees upon his death. It provides that Dr. Conklin would receive all interest—and such principal as he may direct—from the Trust property during his lifetime and that he could make additional contributions (or withdrawals) of property to the Trust by “written direction delivered to my Trustee.” Finally, Dr. Conklin expressly reserved the right in the 1996 Agreement to “amend, modify, alter, revoke or terminate my trust ... at any time in whole or in part.”
The terms of the Trust are simple and straightforward. The beneficiaries are a class consisting of all Dr. Conklin's natural and/or adopted children at the time of his death. The 1996 Agreement and the Pour–Over Will recite that the only members of this class are the Children, but the beneficiary class remained open in the event additional children were born to or adopted by Dr. Conklin before his death.
Upon Dr. Conklin's death, the Trust property was to be divided into shares equaling the number of beneficiaries (including those who pre-deceased him). Shares belonging to pre-deceased children were to be distributed immediately, free of the Trust, to (or, if a minor, for the benefit of) the living descendants of those beneficiaries. Those beneficiaries who survived Dr. Conklin, on the other hand, were not to receive their shares outright. Instead, they would receive only the interest from their share plus whatever principal distributions the trustees in their discretion deemed necessary for that beneficiary's “health, maintenance, support and education.”
When each beneficiary died, that child's share was to be distributed, free of the Trust, to (or, if a minor, for the benefit of) that beneficiary's living descendants.
In the 1996 Agreement, Dr. Conklin purported to “assign, convey, transfer and deliver” to the trustee all of the real and personal property that he owned at that time. The agreement makes no effort to identify any of this property specifically, however, and there was no evidence at trial establishing what property was transferred to the Trust, either upon its creation or at any time thereafter (including by operation of the Pour–Over Will).2
Even though Dr. Conklin began living with the future Mrs. Conklin and the Stepchildren in 1990, neither the 1996 Agreement nor the Pour–Over Will makes any mention of them. The Stepchildren, of course, would have been entitled to distributions of interest (and perhaps principal) from the Trust under the terms of the 1996 Agreement if Dr. Conklin had adopted them, and their living descendants would have been entitled to receive (free of the Trust) each Stepchild's share upon that Stepchild's death. But Dr. Conklin did not adopt the Stepchildren, either before he married their mother in 2000 or at any time prior to his death in 2009. Accordingly, the Stepchildren concede they are not beneficiaries of the Trust under the terms of the 1996 Agreement.
On November 1, 2002, Dr. and Mrs. Conklin left their rural Missouri home for the Kansas City airport. From there, they planned to fly to Arizona to help Dr. Conklin's mother close her home there. Afterward, they planned to drive one of the mother's cars back to Iowa, drop it off, and return to their home in Missouri. On the way to the airport, Dr. Conklin wrote—and both he and Mrs. Conklin signed—the following:3
Because the Stepchildren are not beneficiaries of the Trust—and have no claim to any Trust assets—under the terms in the 1996 Agreement, their three—count amended petition rests entirely on their allegation that Dr. Conklin intended the foregoing handwritten letter (the “2002 Letter”) to be an amendment to his Trust.4
As indicated, the letter is...
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