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CARTWRIGHT v. MOORE

No. 1-07-1651.

913 N.E.2d 1163 (2009)

Jay CARTWRIGHT, as Special Representative of the Estate of Mary K. Cartwright, Deceased, Plaintiff-Appellee and Cross-Appellant, v. C. Tucker MOORE, as Trustee of the Bethine W. Alberding 1989 Trust, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied September 02, 2009.

Attorney(s) appearing for the Case

Michael T. Reagan, Herbolsheimer, Lannon, Henson, Duncan, & Regan, P.C., Ottawa, IL, Paul F. Schofield, John M. Varde, Schofield & Varde, LLP, Chicago, IL, for Appellant.

Robert S. Held, George N. Vurdelja, Jr., Harrison and Held, LLP, Chicago, IL, for Appellee.

Justice GARCIA delivered the opinion of the court:

This appeal and cross-appeal arise from a suit filed by Mary K. Cartwright, one of three daughters of Bethine W. Alberding and one of three beneficiaries of Alberding's 1989 trust (Alberding trust), against C. Tucker Moore, the named trustee. In her third amended complaint, Cartwright alleged, among other claims, that Moore wasted trust assets by refusing to distribute the stock in the Occidental Hotel Company (Occidental...

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