L. H. Jarvis v. Boatmen's National Bank

This is a suit in equity in which plaintiffs, the residuary and partial income beneficiaries of a testamentary trust, seek to surcharge defendant-respondent Boatmen's National Bank of St. Louis, as trustee, in the amount of $230,067.00 in favor of the trust. Plaintiffs-appellants charge the trustee in three counts. Counts I and II seek the surcharge and differ only in that Count I alleges misconduct and breach of trust and Count II alleges negligence, unskillfulness and lack of proper care and diligence. Count III incorporates Counts I and II and seeks the removal of the Trustee. At the Conclusion of all the evidence, the Court made extensive findings of fact and Conclusions of law and entered its decree found in favor of defendant and against plaintiffs on all three counts; dismissed plaintiffs' petition with prejudice, and, on application of defendant, awarded defendant attorneys' fees against the principal of the 268 Mary B. Eversole trust, as well as a sum for the necessary expenses in the case to be paid out of the said trust. Following an unavailing motion for new trial plaintiffs appeal.