(Court opinion corrected 12/23/20.) Plaintiff, acting as trustee, made contentious attempts to distribute assets of a trust established by her late parents. Plaintiff then filed complaint for declaratory judgment seeking disinheritance of her sisters pursuant to an in terrorem clause within the trust. Court ruled that Plaintiff was without authority to file claim in court, and found that all claims needed to be submitted to a special cotrustee, pursuant to language in trust. When circuit court interpreted the trust, adjudicated certain powers of the trustee, and settled the underlying dispute as to a special costrustee, its ruling was a final judgment. Court made this substantive finding twice. Appeal is untimely as Plaintiff failed to appeal the circuit court's original order, instead filing an amended complaint under the same case number. (LYTTON and McDADE, concurring.)
Illinois Appellate Court
Civil Court
Trusts