Grove v. Morton Community Bank

Plaintiffs as co-successor trustees of an irrevocable trust filed a complaint alleging breach of fiduciary duty. The trial court granted defendant’s motion to dismiss pursuant to section 2-619.1 of the Code of Civil Procedure and plaintiffs appealed. The appellate court affirmed in part and reversed in part, finding that the trial court erred when it found one of the co-successor trustees lacked standing and further finding that a genuine issue of material fact precluded partial dismissal of the first amended complaint. (O’BRIEN and DAUGHERITY, concurring)