Plaintiffs filed complaint against their father and his wife, based on distributions that their father made as trustee and primary beneficiary of trust which his late wife established. Court erred in dismissing 2 counts of second amended complaint, which alleged that in buying residence in Colorado and titling it in his current wife's name, Defendant violated Trust Agreement and breached his fiduciary duty. Late wife gave Defendant authority as trustee to provide for himself as primary beneficiary of trust, but with no obligation to support their children from trust while he was alive. Nothing in trust allows Defendant to make gifts of trust assets. Language giving express grant of power to make gifts of assets to late wife's descendants is an implied denial of power to make gifts of assets to any other person.(HUTCHINSON and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Trusts