Opinion
Gen. No. 44,671. (Abstract of Decision.)
Opinion filed May 18, 1949 Rehearing denied June 13, 1949 Released for publication June 17, 1949
TRUSTS, § 168 — propriety of dismissing, for want of equity, beneficiary's complaint against purchaser of trust realty. In beneficiary's action against trustees, co-beneficiaries, trustees' attorney and purchaser to whom trust realty had been conveyed for an accounting and to compel attorney and purchaser to pay plaintiff, for benefit of trust, damages allegedly sustained by it on theory that attorney and purchaser had concealed information from trustees and beneficiaries, and had made a "side deal" whereby purchaser was to acquire realty and attorney was to derive secret profits, decree dismissing amended and supplemented complaint as to purchaser for want of equity was affirmed, where 8 of the 10 beneficiaries had authorized trustees to accept purchaser's offer to buy, and declaration of trust authorized trustees to deal with realty on direction of seven beneficiaries, and complaint did not contain allegations of fact showing acts of commission or omission by which information was withheld, or that purchaser participated in any breach of trust or committed fraud or conspiracy, and there was no allegation that amount of purchaser's offer had not been paid in accordance with terms thereof.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. U.S. SCHWARTZ, Judge, presiding.
Decree affirmed. Heard in the third division, first district, this court at the December term, 1948.
Miller, Ode L. Rankin, and Louis David Friedma, of counsel;
Brown, Dashow Ziedman, for appellee;
Albert Langelutting, of counsel.
Not to be published in full. Opinion filed May 18, 1949; rehearing denied June 13, 1949; released for publication June 17, 1949.