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KORTEN v. CHICAGO CITY BK. & TR. CO.

No. 87-1049.

178 Ill. App.3d 397 (1988)

533 N.E.2d 102

EVELYN McDONNELL KORTEN et al., Plaintiffs-Appellants, v. CHICAGO CITY BANK AND TRUST COMPANY, as Trustee, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 28, 1988.

Attorney(s) appearing for the Case

O'Neill & Bockelman, of Lake Forest (C. William Bockelman, Jr., of counsel), for appellants.

Rathje, Kulp & Monaghan, of Chicago (Theron L. Rathje, of counsel), for appellee.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Plaintiffs, Evelyn McDonnell Korten, Elaine McDonnell Solari and other beneficiaries of a trust, filed a complaint to terminate the trust by the consent of the beneficiaries. Defendant, Chicago City Bank and Trust Company, filed a motion to strike the complaint on the basis that the facts alleged in the complaint are not sufficient to allow a voluntary termination of the trust. The trial...

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