In Re Matter of Gleeson

Mr. Presiding Justice Reynolds

delivered the opinion of the court.

Appellee, Con Colbrook, filed a petition to establish a testamentary trust created under the will of Mary G-leeson, deceased, and for confirmation of the appointment of appellee by the will as trustee thereunder. The appellants opposed the petition and filed their answer and counterclaim, alleging that there existed a fiduciary relationship between the deceased, Mary Gleeson, and the petitioner; that the petitioner had breached that fiduciary relationship by profiting personally from such trust; that petitioner was a contingent…