Davis v. U.S. Bank National Association
Missouri Court of Appeals
243 S.W.3d 425 (2007)
Davis (plaintiff), a trust's life income beneficiary, and his two children (the qualified remainder beneficiaries) sought to remove Mercantile (defendant) as trustee and replace it with U.S. Trust Company (UST), presenting evidence UST charged lower fees, was more conveniently located, and was in Davis's state of domicile (avoiding out-of-state trust income tax); the circuit court granted summary judgment ordering removal and appointment of UST, and Mercantile appealed, raising several procedural and factual objections.
Whether a trustee may be removed without showing wrongdoing if all of the qualified beneficiaries request removal and show that a suitable successor trustee is available and willing to serve, and removal is not inconsistent with a material trust purpose and serves the best interests of the beneficiaries.