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BROWN v. RYAN

No. 1-02-0594.

788 N.E.2d 1183 (2003)

338 Ill. App.3d 864

273 Ill.Dec. 307

Charles Foster BROWN, III, Heidi Hall Jones, and Ned Ochiltree, Jr., in Their Capacity as Trustees of the Meyer Family Foundation, Plaintiffs/Counter-defendants-Appellees, v. Jim RYAN, Attorney General of the State of Illinois, on Behalf of the Beneficiaries of the Meyer Family Foundation, an Illinois Charitable Trust, Defendant/Counter-plaintiff-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied May 22, 2003.

Attorney(s) appearing for the Case

James A. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Floyd D. Perkins, Barry Goldberg, Matthew D. Shapiro, Assistant Attorneys General, Charitable Trusts and Solicitations Bureau, Chicago, for Appellant.

Richard A. Campbell, Frederick R. Ball, Wendy L. Seltzer, Duane Morris LLC, Chicago, for Appellees.

Presiding Justice THEIS delivered the opinion of the court:

Plaintiffs, Charles Foster Brown III, Heidi Hall Jones, and Ned Ochiltree, Jr., in their capacity as trustees of the Meyer Family Foundation (the Trustees), sought a declaratory judgment that the plain language of the Meyer Trust Agreement (the Trust Agreement) permitted them to terminate the Meyer Family Foundation (the Trust) and distribute the corpus of the Trust to the Oakleaf Foundation, under...

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