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NC ILLINOIS TRUST v. FIRST ILLINI BANCORP

No. 3-99-0778.

752 N.E.2d 1167 (2001)

323 Ill. App.3d 254

256 Ill.Dec. 925

NC ILLINOIS TRUST COMPANY, as Trustee of the John Golofsky Trust, Plaintiff-Appellee Cross-Appellant, v. FIRST ILLINI BANCORP, INC., An Illinois Banking Corporation, Successor by Merger to First Galesburg National Bank and Trust Company, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Third District.

June 15, 2001.

Attorney(s) appearing for the Case

David Wells (argued), Tracy J. Cowan, Thompson Coburn LLP, St. Louis, for First Illini Bancorp, Inc.

David B. Mueller (argued), Christopher F. Cassidy, Cassidy & Mueller, Peoria, for NC Illinois Trust Company.

Justice BRESLIN delivered the opinion of the court:

Plaintiff NC Illinois Trust Company (Trustee), as trustee of the John Golofsky trust, filed suit against defendant First Illini Bancorp, Inc. (Bank), alleging that Bank breached its fiduciary duty as the executor of the estate. The jury returned a verdict in favor of Trustee. Bank appealed and Trustee cross-appealed. For the following reasons, we affirm in part and reverse in part.

FACTS

Bank became...

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