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business litigation

trust and estate litigation

Defending a corporate trustee against claims it breached its fiduciary duty

Our attorneys represented an institutional trust company that served for a number of years as co-trustee with the widow of the grantor of the trust. The trust portfolio was heavily concentrated in the stock of the company at which the grantor had been employed. Upon the widow's death, the trust was to terminate and the assets were to be distributed to the grantor's children.

During the last years of the widow's life, the company's stock value decreased dramatically. After the widow's death, the children sued the corporate trustee for breach of fiduciary duty in failing to diversify the trust account. They sought more than $3 million in actual and punitive damages.

Following a week-long trial in the Circuit Court for the City of St. Louis, the Court rendered a judgment finding that our client had not breached its fiduciary duty. We successfully defended the trial court's judgment in the Missouri Court of Appeals for the Eastern District, which later affirmed the judgment of the trial court in its entirety.


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