Opinion
Gen. No. 42,974. (Abstract of Decision.)
Opinion filed September 11, 1944 Rehearing denied September 29, 1944
TRUSTS, § 233 — disposition of appeal in action involving liquidation trust. On appeal by plaintiff in chancery action against defendants individually and as trustees under liquidation trust, created by financially-embarrassed corporation, for accounting, dissolution of trust, and appointment of receiver, wherein court's decree was in accordance with recommendations of master's report that trust be dissolved and that one of trustees be charged with liability for his alleged misconduct as trustee and that no liability be imposed on other two trustees, held that, under facts, decree would be affirmed in part and reversed in part and cause would be remanded for further proceedings conforming to views stated in Appellate Court's opinion.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN J. LUPE, Judge, presiding.
Affirmed in part, reversed in part and remanded with directions. Heard in the first division, first district, this court at the February term, 1944.
Shulman, Shulman Abrams, of Chicago, for appellant;
Meyer Abrams, of Chicago, of counsel;
J. Edward Jones, of Chicago, for cross-appellant;
J. Edward Jones, of Chicago, for appellees;
Walter E. Wiles and George E.Q. Johnson, both of Chicago, for certain appellee;
Boyle, Murphy Nelson, of Chicago, for certain other appellee;
Thomas E. Murphy and Robert C. Nelson, both of Chicago, of counsel.
Not to be published in full. Opinion filed September 11, 1944; reheating denied September 29, 1944.