Plaintiff filed suit alleging claims for breach of fiduciary duty and breach of contract relating to the assets of a trust. The trial court granted defendants’ cross-motion for summary judgment and plaintiff appealed. The appellate court reversed, finding that despite a misnomer relating to the name of the plaintiff, the plaintiff was in fact the trustee and the proper person to bring suit against a third person on behalf of the trust and its beneficiaries and that the trial court erred when it granted summary judgment for defendants on the basis that the plaintiff lacked standing to bring the lawsuit. The appellate court further found that the trial court erred when it found that defendant was authorized to take unilateral actions to divert and use trust assets. (JORGENSEN, concurring and McLAREN, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Trusts and Estates