Faville v. Burns

State: Illinois

Court: 1st District Appellate

Docket No: 1-11-0335 Official Reports

Case Date: 09/30/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Faville v. Burns, 2011 IL App (1st) 110335

Appellate Court Caption

ANDREW M. FAVILLE and WILLIAM A. FAVILLE, JR., PlaintiffsAppellants, v. MARTIN H. BURNS, JR., Individually and as Trustee of the Martin H. Burns, Sr., Trust, Defendant-Appellee.

District & No.

First District, Fifth Division Docket No. 1-11-0335 September 30, 2011 November 1, 2011 In an action alleging that plaintiffs should be deemed descendants of their stepmother following their adult adoption by their stepmother in determining their rights under a trust established for her by her father and seeking the removal of their stepmother's brother as trustee of the trust based on a breach of fiduciary duty and the conflict of interest arising from the fact that he was an adverse remainder beneficiary of the trust, the trial court erred in relying on the amended version of section 2-4(a) of the Probate Act in dismissing plaintiffs' claim that they should be deemed descendants for failing to state a cause of action, and the dismissal of the count seeking the trustee's removal was reversed where plaintiffs' allegations were sufficient to state a cause of action for removal based on the conflict of interest. Appeal from the Circuit Court of Cook County, No. 10-CH-3428; the Hon. Kathleen M. Pantle, Judge, presiding.

Filed Rehearing denied Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Reversed and remanded.

Counsel on Appeal

Richard C. Johnson and Elizabeth A. McKillip, both of Ice Miller LLP, of Lisle, for appellants. George N. Vurdelja, Jr., of Harrison & Held, LLP, of Chicago, for appellee.

Panel

JUSTICE HOWSE delivered the judgment of the court, with opinion. Presiding Justice Epstein and Justice McBride concurred in the judgment and opinion.

OPINION

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