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SPENCER v. DI COLA

Nos. 1-12-1585 & 1-12-2196 (cons.).

2014 IL App (1st) 121173

LYLE SPENCER, JR., as Beneficiary of the Lyle M. Spencer Trust, Plaintiffs-Appellants, v. JOAN DI COLA, as Successor Trustee of the Lyle M. Spencer Trust, Defendant-Appellee, (Loren Spencer, a Minor, Lyle Spencer III, a Minor, and Melissa Spencer, a Minor, as Beneficiaries of the Lyle M. Spencer Trust, Plaintiffs; Emily Spencer and Julia Spencer, as Beneficiaries of the Lyle M. Spencer Trust, and the Spencer Foundation, and Illinois Not-For-Profit Corporation, Defendants). LYLE SPENCER, JR., as Beneficiary of the Lyle M. Spencer Trust, Plaintiffs-Appellants, v. JOAN DI COLA, as Successor Trustee of the Lyle M. Spencer Trust, Defendant-Appellee, (Loren Spencer, a Minor, Lyle Spencer III, a Minor, and Melissa Spencer, a Minor, as Beneficiaries of the Lyle M. Spencer Trust, Plaintiffs; Emily Spencer and Julia Spencer, as Beneficiaries of the Lyle M. Spencer Trust, and the Spencer Foundation, and Illinois Not-For-Profit Corporation, Defendants).

Appellate Court of Illinois, First District, Fourth Division.

May 1, 2014.

OPINION

JUSTICE LAVIN delivered the judgment of the court, with opinion.

¶ 1 In the matter before us, we confront an appeal by beneficiaries of a trust, who claim that they ought to be able to appoint a corporate trustee to effectively replace an individual trustee, without any proof of cause for removal, in a manner that they suggest is consistent with the trust's terms. The original trust documents provided for both an individual trustee and a corporate...

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