Church of the Little Flower v. US Bank

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (4th) 120266
Decision Date: 
November 5, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Justice: 
COOK
Holding: 
Reversed and remanded with directions.
Church petitioned court for reformation of a trust of which church is one of three remaining beneficiaries. Doctrine of equitable deviation did not apply, and thus reformation of trust was improper. Deviation, including termination, merely because it would be more advantageous to the beneficiaries, is inappropriate. Equitable deviation is proper only where trust is so inefficient that its continuation would necessarily interfere with the trust's purpose.(TURNER and KNECHT, concurring.)