Illinois Appellate Court
Civil Court
Trusts and Estates
Dispute among 6 siblings over their parents' 2012 trust restatements. Doctrine of election did not apply to counts I and II. That doctrine applies where testator intended that a person choose between 2 or more inconsistent or alternative benefits, which was not the case here. Plaintiffs did not sufficiently allege that their acceptance of benefits was procured by fraud or mistake based on alleged additional funds in the trusts. Court erred in dismissing count II under principles of equitable estoppel. (McLAREN and BIRKETT, concurring.)