BELLEVILLE - A dispute among family members over property has led to a lawsuit asking a court to order either its division or sale.
Libbe H. Lamb, as trustee of the Libbe H. Lamb Revocable Trust and the Elmer C. Henke Revocable Trust, filed suit in St. Clair County Circuit Court against defendant Jeff Peach.
The suit, filed June 8, has its roots in the purchase of property by Edward H. Henke in July 1953.
Following Henke's death in December 1988, the property was divided among six family members, according to the suit.
Further changes over the next 30 or so years led to the land being consolidated among three owners, the plaintiffs and the defendant.
According to the complaint, Peach has farmed the land over several years. The plaintiffs allege they were provided with "an accounting and their pro rata share of the proceeds from the fanning operations."
However, they claim they asked for an accounting for the years 2018 and 2019, but have not received any.
"Defendant has failed and refused to do so," the complaint states. "Defendant Jeff Peach has breached the fiduciary relationship by not providing the accounting to the Plaintiffs."
"Plaintiffs are informed and believe that a partitioning of the property in accordance with their respective rights and interests may be made without manifest prejudice to the parties," it continues.
If the property cannot be divided up, the plaintiffs are asking that it be sold and the proceeds shared among the three parties.
The court is being asked to judge on the rights and title of the parties, order a fair division, or the sale of the property.
They are also asking the court to order Peach "to provide a complete accounting as to all proceeds." His failure to do so has caused damages of not less than $10,000.
The plaintiffs are represented by Marie McLean of McCarthy, Leonard & Kammerer of Town & Country, Mo.
St. Clair County Circuit Court case number 2020-L-0454.