Johnessee v. Schnepf

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2012 IL App (4th) 110767
Decision Date: 
Friday, April 6, 2012
District: 
4th Dist.
Division/County: 
Pike Co.
Holding: 
Reversed and remanded.
Justice: 
POPE
Beneficiaries of Trust alleged that act of crossing out names of certain beneficiaries was not a valid method of removing them as beneficiaries of Trust. Trust did not contain express provision allowing amendments nor express provision giving anyone other than trustee power of direction over title to Trust property. Thus, Trust was not an amendable land trust. The transferor of property into land trust had no power to amend Trust, and language in Trust reflected transferor's intent that all property placed in trust would still be there after both she and other beneficiary died. (TURNER and STEIGMANN, concurring.)