Oksner v. Jaco

REINHARD, Presiding Judge.

This case comes to this writer on reassignment.

Plaintiffs initially filed this case in the associate circuit court, but it was later certified to the circuit court. The plaintiffs’ petition survived several motions to dismiss in the associate and circuit courts, but the circuit judge ultimately sustained defendants’ motions to dismiss plaintiffs’ first amended petition for failure to state a cause of action. Plaintiffs appeal.

Plaintiffs’ amended petition alleges that on or about August 11, 1975, Gladys Schmieder created a living trust for her own benefit and for the…