LEE v. Brian Tillema, Respondent-Appellant. (2020)

Missouri Court of Appeals, Western District.

James H. LEE, Jr., Appellant-Respondent, v. Quarterman LEE, III, et al., Respondents Brian Tillema, Respondent-Appellant.

WD 82670 (Consolidated with WD 82673)

Decided: January 21, 2020

Division Four: Karen King Mitchell, Chief Judge, Edward R. Ardini, Jr., Judge and Gary D. Witt, Judge

Daniel P. Wheeler, Liberty, for Appellant-Respondent. Michael Ong, for Respondent. Brian Tillema, for Respondent-Appellant.

ORDER

Mary Brundage (“Decedent”) died on August 26, 2015, and in her Last Will and Testament she directed that the residuary of her estate be divided equally between her two nephews: Quarterman Lee—who she had previously appointed as her attorney-in-fact—and James Lee, Jr. Decedent's will was admitted to probate, and a personal representative for the estate was appointed. Thereafter, James filed this action requesting Quarterman account for actions he took as Decedent's attorney-in-fact and alleging Quarterman breached his fiduciary duty owed to Decedent. James's petition included a request for attorney's fees. Following a bench trial, the Circuit Court of Jackson County entered its judgment denying the petition. Finding no error, we affirm the trial court's judgment. Because a published opinion would have no precedential value, we have instead provided a memorandum of law to the parties. Rule 84.16(b).

PER CURIAM:

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