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BROWN BROS. HARRIMAN TRUST CO. v. BENNETT

No. 1-04-2350.

827 N.E.2d 1101 (2005)

357 Ill. App.3d 399

293 Ill.Dec. 220

BROWN BROTHERS HARRIMAN TRUST COMPANY, LLC, Peter G. Babcock and Sheffield Phelps, as Successor Trustees of the John W. Stewart 1966 Trust under Agreement dated April 30, 1966, as amended, Petitioners-Appellees, v. Charles F. BENNETT and Gerald W. Bennett, Executors of the Estate of Varina Margaret Webb Stewart, Deceased, Respondents-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

April 22, 2005.

Attorney(s) appearing for the Case

Robert L. Wiesenthal, Robert M. Moye, Curt A. Paison, Bell, Boyd & Lloyd, LLC, Chicago, for Petitioners-Appellees.

Edmund R. McGlynn, Jr., Bollman, Lesser & McGlynn, LLP, Lake Forest, for Respondents-Appellants.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

This declaratory action involves approval of a trust account sought by the petitioner trustees, Brown Brothers Harriman Trust Company, LLC (hereinafter, Brown Brothers Harriman), Peter Babcock and Sheffield Phelps, and the objection raised by respondents, Charles Bennett and Gerald Bennett, that investment advisory and trustee fees had been improperly charged against the trust income rather than...

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