Section 1.7 Restrictions on Powers in Equity Removed

• Library: Estate Administration 2014 Supp

B. (§1.7) Restrictions on Powers in Equity Removed

As is demonstrated in §1.6 above, the appellate courts have expressly recognized the general equitable jurisdiction of a judge of the probate division to impose resulting trusts, to impose constructive trusts, and to decree specific performance. But that jurisdiction is not necessarily exclusive. As demonstrated by the decision in Jarman v. Eisenhauer, 744 S.W.2d 780 (Mo. banc 1988), a regular division of the circuit court possesses concurrent jurisdiction...