Opinion
Gen. No. 42,107. (Abstract of Decision.)
Opinion filed October 26, 1942
TRUSTS, § 131 — as to removal of trustee and grounds therefor. Where plaintiff individually and as trustee under the will of his father filed a complaint in equity asking the advice and directions of the court as to the execution of the trust, and other beneficiaries filed counterclaims asserting improper conduct on part of plaintiff in administering the trust and asked his removal, it was the duty of the trustee to seek the aid of a court of equity in the administration of the trust and error to dismiss the complaint; and where plaintiff had worked in all phases of a leather business with his father and the latter's will gave plaintiff complete powers with reference to management, sales and settlement of claims and he reversed the business from a loss to a profit, no sufficient reason was presented for removal of plaintiff as trustee.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. JOHN C. LEWE, presiding.
Reversed and remanded. Heard in first division, first district, this court at February term, 1942.
Murphy Pearson, for appellant;
Walter Wm. Pearson, of counsel;
Irving Breakstone, for certain appellees;
Jacob B. Courshon, for certain other appellee.
"Not to be published in full." Opinion filed October 26, 1942.