Appellate Court of Illinois

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Robinson v. N. Pond Hunting Club, 5-06-0436

Denial of a complaint for partition of a land trust held by a hunting club which arose from the other members' desire to remove the plaintiff from the trust is reversed and remanded where: 1) the determination of the validity of the land trust was critical to the case and the court does not include any specific discussion of the validity of the trust document; 2) the omission of a termination period in the second trust instrument causes the trust to fail since it violates the rule against perpetuities; 3) the express terms of the revocation agreement were not met and thus the second land trust is null and void with the first trust still being intact; 4) plaintiff still retains his original 40 acres as a result and the trust its 120 acres; and 5) case is remanded to resolve any problems with paperwork and titles, the issue related to the construction of the cabin and the plaintiff's agreed to equitable mortgage.

Appellate Information

  • Decided 06/10/2008
  • Published 06/11/2008

Judges

Court

  • Appellate Court of Illinois

Counsel