Faville v. Burns

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2011 IL App (1st) 110335 FIFTH DIVISION September 30, 2011 No. 1-11-0335 ANDREW M. FAVILLE and WILLIAM A. FAVILLE, JR., Plaintiffs-Appellants, v. MARTIN H. BURNS, JR., Individually and as Trustee of the Martin H. Burns, Sr. Trust, Defendant-Appellee. ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. No. 10 CH 3428 Honorable Kathleen M. Pantle, Judge Presiding. JUSTICE HOWSE delivered the judgment of the court, with opinion. Presiding Justice Epstein and Justice McBride concurred in the judgment and opinion. OPINION ΒΆ 1 Plaintiffs Andrew Faville and William Faville filed an amended complaint for declaratory and injunctive relief against defendant Martin Burns in the circuit court, alleging plaintiffs should be deemed descendants of Barbara Burns Faville for purposes of determining their rights under the terms of a trust agreement. Plaintiffs also requested the circuit court remove defendant as trustee of the trust agreement based on a conflict

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