2018 IL App (1st) 163210

Illinois Appellate Court
Civil Court
Case Number: 
2018 IL App (1st) 163210
Decision Date: 
Sunday, March 11, 2018
1st Dist.
Cook Co., 6th Div,
Affirmed in part and reversed in part; remanded.

Plaintiffs sued Defendant alleging breach of a trust agreement and challenging Defendant's payment of $175,000 in compensation to himself for administering the parties' deceased father's trust, and $20,000 for personal legal expenses. As Illinois law disfavors forfeiture, the in terrorem clause is construed in favor of beneficiaries. Thus, Plaintiffs did not forfeit their rights by filing either suit, in which Plaintiffs did not seek to have trust declared invalid, but sought court's approval of their proposed construction of trust, and relief from suspected breach of terms of trust. As Defendant did not file a formal fee petition, and given dispute as to whether his services benefited the trust, remanded for proceedings on this issue. Court properly found that cotrustees did not waive strict adherence to trust requirement that they agree to all disbursements. Trustee cannot obtain relief under quantum meruit theory.(CUNNINGHAM and CONNORS, concurring.)