Sanders v. Stasi

State: Illinois

Court: 4th District Appellate

Docket No: 4-10-0750 Official Reports

Case Date: 07/12/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Sanders v. Stasi, 2011 IL App (4th) 100750

Appellate Court Caption

LISA A. SANDERS, Plaintiff-Appellant, v. CAROL K. STASI, Defendant-Appellee.

District & No.

Fourth District Docket No. 4-10-0750 April 27, 2011 July 12, 2011 The trial court erred in dismissing plaintiff's action seeking an accounting and inventory of a testamentary trust and the removal of defendant as the trustee, since the Trusts and Trustees Act requires that an annual accounting be furnished to beneficiaries entitled to receive or receiving income, or if none, to beneficiaries eligible to have the benefits of the income, and although plaintiff was not receiving income from the trust at the time she filed suit, she was to receive a share of any income generated in excess of the enumerated distributions and she would be unable to enforce her entitlement if she did not receive an accounting, and, therefore, she was entitled to an accounting under section 11(a) of the Act. Appeal from the Circuit Court of Champaign County, No. 10-CH-253; the Hon. Michael Q. Jones, Judge, presiding.

Argued 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

Judgment

Reversed and remanded.

Counsel on Appeal

Brett A. Kepley (argued), of Rawles, O'Byrne, Stanko, Kepley & Jefferson, P.C., of Champaign, for appellant. Michael J. Tague (argued), of Flynn, Palmer & Tague, of Champaign, for appellee.

Panel

PRESIDING JUSTICE KNECHT delivered the judgment of the court, with opinion. Justices Pope and Cook concurred in the judgment and opinion.

OPINION

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