Breen v. Breen

Three of the four beneficiaries under an inter vivos trust of real estate brought a suit in the superior court of Cook County against the remaining beneficiary, seeking partition of the premises. The trustee and the holder of a mortgage on the property were made parties defendant. The cause was referred to a master, who heard the evidence and recommended a decree for partition. Exceptions to his report were sustained by the court, and a decree was entered dismissing the complaint and taxing costs against the plaintiffs. The latter appeal to this court, contending that the superior court erred…