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CULICCHIA v. HUPFAUER

No. 1-07-0245.

884 N.E.2d 730 (2008)

Carl J. CULICCHIA, Plaintiff-Appellee, v. James P. HUPFAUER, Jr., and LaSalle Bank, as Trustee under Trust No. 01-1157, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

February 14, 2008.

Attorney(s) appearing for the Case

Hauselman Rappin & Olswang Ltd., Chicago (Martin F. Hauselman, Elizabeth Monkus, of counsel), for Defendant-Appellant.

Dahl & Bonadies, Chicago (Paul N. Bonadies, Andrew T. Hays, of counsel), for Plaintiff-Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Defendants James P. Hupfauer, Jr. and LaSalle Bank appeal the order of the circuit court granting summary judgment in favor of plaintiff, Carl J. Culicchia, on his amended complaint in equity for declaratory judgment. The primary issue on appeal is whether the beneficiary of a land trust was required to obtain the consent of his co-beneficiary in order to amend the trust agreement so as to change his successor...

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