HERLEHY v. MARIE V. BISTERSKY TRUST

Nos. 1-09-0038, 1-09-1892, 1-09-3295, 1-09-3431, 1-10-0070, 1-10-0071.

942 N.E.2d 23 (2010)

Timothy HERLEHY and Michael Herlehy, Plaintiffs-Appellants, v. MARIE V. BISTERSKY TRUST DATED MAY 5, 1989, and ATG Trust Company, as Trustee, The Alzheimers Disease and Related Disorders Association, American Heart Association, The Respiratory Health Association of Metropolitan Chicago (f/k/a The American Lung Association of Metropolitan Chicago), Catholic Charities of the Archdiocese of Chicago, American Cancer Society-Illinois Division, The Illinois Attorney General and First National Bank of LaGrange, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

December 23, 2010.


Attorney(s) appearing for the Case

Timothy J. Strom , Law Offices of Timothy J. Strom, Wauconda, for Appellant.

E. King Poor , Jacquelyn Pinnell Reed , Quarles & Brady LLP, Chicago, for Appellees (Charities).

James R. Hellige , John T. Brooks , Erika A. Alley , Foley & Lardner LLP, Chicago, for Appellee (LaGrange Bank).


OPINION

Justice ROBERT E. GORDON delivered the judgment of the court, with opinion.

These consolidated appeals arise from an action for construction of a trust agreement, breach of a fiduciary duty by a trustee, First National Bank of LaGrange (LaGrange Bank), and a claim of unjust enrichment on behalf of the trust agreement's residuary beneficiaries, the Alzheimer's Disease and Related Disorders Association, the American Heart Association, the Respiratory...

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