Illinois Appellate Court
Civil Court
Motion to Dismiss
Plaintiffs as co-trustees and beneficiaries of a family trust filed a lawsuit against the trustee alleging breach of fiduciary duties for wrongfully transferring plaintiff’s interest in the trust to another trust. Defendants filed a motion to dismiss and attached an affidavit in support of the motion. The trial court granted the motion and plaintiff appealed. The appellate court affirmed in part, reversed in part and remanded, striking one paragraph of the affidavit and reversing the dismissal of the complaint. (MARTIN and LAMPKIN, concurring)