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SPENCER v. DI COLA

Nos. 1-12-1585, 1-12-2196.

16 N.E.3d 1 (2014)

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.

Rehearing Denied August 18, 2014.

Modified on Denial of Rehearing August 21, 2014.

Attorney(s) appearing for the Case

Kerry R. Peck, Timothy J. Ritchey, and Jesse A. Footlik, all of Peck, Bloom, LLC, of Chicago, for appellant.

Nancy G. Lischer and Peter D. Sullivan, both of Hinshaw & Culbertson LLP, of Chicago, for appellee.

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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