Korten v. Chicago City Bank & Trust Co.

Plaintiffs, Evelyn McDonnell Korten, Elaine McDonnell Solari and other beneficiaries of a trust, filed a complaint to terminate the trust by the consent of the beneficiaries. Defendant, Chicago City Bank and Trust Company, filed a motion to strike the complaint on the basis that the facts alleged in the complaint are not sufficient to allow a voluntary termination of the trust. The trial court granted defendant’s motion to strike and dismissed the case. Plaintiffs appeal. We reverse and remand for further proceedings.

On a motion to strike a complaint, the well-pleaded facts are taken as true…