Corcoran v. Rotheimer

Illinois Appellate Court
Civil Court
Trusts and Estates
Citation
Case Number: 
2022 IL App (1st) 201374
Decision Date: 
Thursday, June 9, 2022
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Affirmed and remanded.
Justice: 
MARTIN

Appellate court affirmed the circuit court’s ruling granting summary judgment in favor of plaintiffs on their claim for declaratory judgment relating to an estate dispute regarding competing claims for the proceeds of the sale of a real estate parcel. The appellate court found under the facts of the case that the decedent’s assignment of his beneficial interest in a land trust was effective as to the defendants despite trust language requiring that the assignment be lodged with the land trustee. The court also found that the language of an irrevocable right to approve provision did not require the lender to approve the assignment of the beneficial interest. (LAMPKIN and ROCHFORD, concurring)