Opinion
Gen. No. 41,970. (Abstract of Decision.)
Opinion filed March 24, 1942
TRUSTS, § 158 — sale under trust power as in good faith. Where the primary purpose of the complaint of the holder of stock trust certificates in a small amount was to restrain the sale of trust property negotiated by the trustees so that it might be sold at public auction, and the trustees under the stock trust agreement were permitted in their discretion to dispose of the property at private sale, and there was no showing that the trustees abused their discretion or that the contract of sale was tainted with fraud or dishonesty, the complaint was properly dismissed for want of equity.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. GEORGE FRED RUSH, presiding.
Judgment reversed and judgment here in favor of garnishee defendant and against plaintiff. Heard in second division, first district, this court at October term, 1940.
Norman Asher, for appellant;
Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellees;
I.E. Ferguson, of counsel.
"Not to be published in full." Opinion filed March 24, 1942.