Illinois Appellate Court
Criminal Court
Trusts
In dispute over will and trust, Petitioner, the son of the decedent, filed motion to enforce a settlement agreement pertaining to decedent's estate. Court erred in granting motion. Settlement agreement was not signed by trustee, who was a necessary part to the agreement. Trustees are necessary parties to actions involving trust property because they hold legal title to the trust estate. Trustee holds a cognizable interest in the estate by virtue of his status as a trustee or holder of legal title, and his interest would be affected by enforcement of the settlement. (FITZGERALD SMITH and PUCINSKI, concurring.)