ST. LOUIS – The Missouri Court of Appeals, Eastern District has affirmed a trial court's judgment involving a trust dispute among seven adult siblings.
In a decision filed March 20, a three-judge panel affirmed St. Louis County Circuit Judge Carolyn C. Whittington's decision in a case titled Harry Keeven v. Matthew J. Keeven, Patricia M. Fink, William J. Keeven, Joseph L. Keeven, Katherine M. Siesener, Mary M. Baldetti and Michael Bentz. Judges Sherri B. Sullivan, Robert G. Dowed Jr. and Kurk Odenwald concurred in the decision.
The dispute involved their inheritance of property in St. Louis and Pike counties, some of which is agricultural, and assets of Joseph H. Keeven, who died Aug. 18. 2010. The Joseph Keeven Revocable Trust named the seven children as equal beneficiaries.
Matthew Keeven's suit sought court-supervised administration and to compel distribution, or in the alternative, to remove trustee Bentz, claiming he was not performing his duties properly.
Following a bench trial, Whittington entered judgment against Matthew Keeven in July 2016 in the amount of $15,341.79 and awarded Harry Keeven's attorney's fees of $109,265.42 to be paid by the trust.
"The judgment also granted Harry Keeven's motion for sanctions and awarded him attorney's fees of $25,000 to be paid by Matthew Keeven personally," the opinion states.
The judgment, did not however, remove Bentz.
Following Whittington's ruling, Bentz moved for reconsideration and Matthew Keeven moved for an amended judgment or new trial. Whittington issued an order and judgment amending a portion of her earlier order and denied Matthew Keeven's motion.
Whittington issued an amended judgment by interlineation in December 2016.
"Harry Keeven, Mary Baldetti, Patricia Fink, and Bentz filed a joint motion to amend or modify the amended judgment," the ruling states. "Matthew Keeven file (sic) a motion to amend the July 29, 2016, judgment and the amended order and judgment of Dec. 20, 2016. Harry Keeven filed his response to the motion filed by Matthew Keeven. Matthew Keeven filed his response to the motion filed by Harry Keeven. On April 3, 2017, the trial court denied the motions filed by Matthew Keeven and the joint motion."