Berkowitz v. Urso

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2014 IL App (1st) 121662
Decision Date: 
Friday, December 19, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
LAMPKIN
The right to receive collected rents is incident to ownership and is thus governed by statute of frauds. Because there was no writing demonstrating any agreement for collecting rents on the property, the alleged oral agreement is barred by the Frauds Act. Court properly entered judgment that Trust was barred from enforcing a one-half property interest in the property. Court erred in finding that Trust was entitled to enforce an interest related to leasing of the property. (HALL and ROCHFORD, concurring.)