Cori v. Schlafly

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2021 IL App (5th) 200246
Decision Date: 
Friday, January 22, 2021
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
MOORE

Court properly entered order granting a partial summary judgment for Petitioner, individually, as a beneficiary of her deceased father's testamentary trust, and the Respondent, her sister. Order required their brother, who was co-trustee, to make an accounting and to submit a schedule for distribution of trust assets, including a 1-6 share to Petitioner and a 1/6 share to her sister. Trust terminated upon the death of their mother, Phyllis Schlafly. At the time Petitioner filed complaint for distribution of trust assets, the trust was administered in Illinois, and thus circuit court had personal jurisdiction over the trust and thus over brother in his capacity as trustee. The will that created the trust was executed and probated in Illinois, and Illinois is the only state referenced throughout. Thus, Illinois law applies to matters as to construction of the trust.  Plain language of the trust makes clear that the sole purpose for the trust was to provide for Phyllis during her lifetime and that initial trustee and grantor intended that trust terminate upon her death and that assets of trust be distributed according to the will. (BOIE and WELCH, concurring.)