Boone County National Bank v. Edson

760 S.W.2d 108 (1988)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Boone County National Bank v. Edson

Missouri Supreme Court
760 S.W.2d 108 (1988)

Facts

Margaret Tello’s will established a trust in favor of her daughter, Lois Tello. The will provided that the trust terminated upon Lois’s death and that any remaining trust assets should be distributed to Lois’s surviving children. The will provided further that if Lois died without surviving children, the assets should be distributed among Margaret’s sisters, Jessie Moore and Dorothy Edson. The last two sentences of paragraph III-G in the will stated, “In the event that my sister, Jessie P. Moore, predeceases me, I desire that her share go to my other sister, Dorothy Edson. In the event that the said Dorothy Edson predeceases me, I give, devise and bequeath her share” to Kathie Kalmowitz, Judith Edson, and Carol Thompson (defendants). In 1971, Margaret died. In 1972, Jessie died without any children. In 1984, Dorothy died with one surviving child, Merrill Edson. Dorothy’s other son, Frederick Edson, Sr., who had died in 1984, left four children, Kathie Kalmowitz, Judith Edson, Carol Thompson, and Frederick Edson, Jr. In 1986, Lois died without any children. The trustee, Boone County National Bank (plaintiff) filed a petition to construe Margaret’s will. Based on a deposition of the lawyer who drafted the will, Kathie Kalmowitz, Judith Edson, and Carol Thompson claimed that the will contained a mistake and that the last two sentences of paragraph III-G should have used the word “her” or “Lois” instead of “me.” If that were the case, Kathie Kalmowitz, Judith Edson, and Carol Thompson would be entitled to share in the corpus. Otherwise, Merrill would be entitled to share under intestacy laws because the will did not provide for any further distribution of the trust assets if Margaret’s sisters predeceased Lois. The trial court ruled that the lawyer’s deposition was inadmissible and ruled in Merrill’s favor. Kathie Kalmowitz, Judith Edson, and Carol Thompson appealed.

Rule of Law

Issue

Holding and Reasoning (Welliver, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership