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McCORMICK v. McCORMICK

No. 82-670.

118 Ill. App.3d 455 (1983)

455 N.E.2d 103

BROOKS McCORMICK, Jr., Plaintiff-Appellant, v. BROOKS McCORMICK, Indiv. and As Trustee of the Brooks McCormick, Jr., Trust, dated August 5, 1964, as amended et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied October 31, 1983.

Attorney(s) appearing for the Case

D'Ancona & Pflaum, of Chicago (Barry T. McNamara and Arthur Don, of counsel), for appellant.

Wildman, Harrold, Allen & Dixon, of Chicago (Max E. Wildman, Jerald P. Esrick, Craig M. White, and Elise E. Singer, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff, Brooks McCormick, Jr., appeals from the dismissal of his complaint against the former trustees and their agents of a trust of which plaintiff is both grantor and beneficiary. Six counts of his complaint which alleged breach of trust, waste of trust assets and conflict of interest, were dismissed with prejudice for failure to state a cause of...

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