Durdle v. Durdle

A trust beneficiary, Karla Mae Bartels, filed a petition to convert the trust real estate to an asset generating greater income. The trial court dismissed the petition. (Ill. Rev. Stat. 1989, ch. 110, par. 2— 619.) The beneficiary now claims on appeal that (1) the trustee’s motion to dismiss should not have been granted; (2) the trust instrument does not preclude sale of the real estate; and (3) even if the trust did preclude sale of the real estate, the court has authority to order a sale.

The trust involved in this case was established by the will of Clarence G. Miller, who died on October…