Two sisters and their stepmother (now deceased) were named beneficiaries of a testamentary trust created by the sisters' grandfather. After bench trial, court entered judgment in favor of stepmother's estate as to sisters' unjust enrichment claim. Language of the trust gave trustee the authority to encroach upon principal for benefit of any of the beneficiaries , including his wife, even if not specifically for sickness, accident, or education, "as in his sole discretion he shall determine." Sisters cannot show that a benefit should have been given to them but was mistakenly given to their stepmother, or that she procured a benefit from trustee through wrongful conduct, or that they had a better claim to the benefit than she did. (O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Trusts