Fifth Third Bank v. Rosen
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2011 IL App (1st) 093533 Fifth Division September 23, 2011 Nos. 1-09-3533 and 1-10-1068 (Consolidated) FIFTH THIRD BANK, N.A., Not Individually, But as Successor Cotrustee of the Leon Rosen Trust for the Benefit of Adrienne Phillips, and as Successor Cotrustee for the Benefit of Jennifer Sher; and ADRIENNE PHILLIPS, Plaintiffs-Appellants, v. MYRNA ROSEN, Individually, and as Executor of the Estate of Leon Rosen and as Successor Cotrustee of the Leon Rosen Trust, Defendant-Appellee, (Loren J. Mallon and Howard A. Balikov, Defendants). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County 02 CH 22812 Honorable Kathleen Pantle, Judge Presiding. JUSTICE McBRIDE delivered the judgment of the court, with opinion. Justices Cahill and R.E. Gordon concurred in the judgment and opinion. OPINION ΒΆ1 Plaintiffs, Fifth Third Bank, as successor cotrustee of the Leon Rosen Trust for the benefit of Adrienne Phillips and as successor cotrustee for the benefit of Jennifer Sher, and Phillips, individually, filed an action against defendants Myrna Rosen (Myrna), individually and as executor of the estate of Leon Rosen, Loren J. Mallon and Howard A. Balikov1 seeking an accounting of the estate of Leon Rosen and the "Leon Rosen Revocable Trust," alleging a breach 1 Defendants Mallon and Balikov were dismissed from the action in 2003 and are no longer involved in this case.
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