Fifth Third Bank v. Rosen

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-3533, 1-10-1068 cons., Official R

Case Date: 09/23/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Fifth Third Bank, N.A. v. Rosen, 2011 IL App (1st) 093533

Appellate Court Caption

FIFTH THIRD BANK, N.A., Not Individually, But as Successor Cotrustee of the Leon Rosen Trust for the Benefit of Adrienne Phillips, and as Successor Cotrustee for the Benefit of Jennifer Sher; and ADRIENNE PHILLIPS, Plaintiffs-Appellants, v. MYRNA ROSEN, Individually, and as Executor of the Estate of Leon Rosen and as Successor Cotrustee of the Leon Rosen Trust, Defendant-Appellee (Loren J. Mallon and Howard A. Balikov, Defendants). First District, Fifth Division Docket Nos. 1-09-3533, 1-10-1068 cons. September 23, 2011 In an action arising from a dispute over the distribution of the assets of a trust, the trial court erred in granting defendant's motion for a determination that the assets should be distributed according to a formula that had been deleted by amendments made to the trust by the settlor, regardless of the fact that the application of the amended formula may have effectively disinherited defendant; therefore, the trial court's finding and its award of attorney fees to defendant were reversed, and the cause was remanded for further proceedings.

District & No.

Filed 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

Appeal from the Circuit Court of Cook County, No. 02-CH-22812; the Hon. Kathleen Pantle, Judge, presiding.

Judgment

No. 1-09-3533, Reversed and remanded. No. 1-10-1068, Vacated.

Counsel on Appeal

Thomas C. Crooks, of Chicago, and Rollin J. Soskin, of Rollin J. Soskin & Associates, Ltd., of Lincolnshire, for appellants. Susan H. Booker, of Levun, Goodman & Cohen, LLP, of Northbrook, for appellee.

Panel

JUSTICE McBRIDE delivered the judgment of the court, with opinion. Justices Cahill and R. Gordon concurred in the judgment and opinion.

OPINION

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