Greenspan v. Mesirow

This appeal arises from an action which was originally brought in 1982 by the trustees and beneficiaries of a private trust seeking modification of certain of its provisions so as to name successor trustees. A dispute subsequently arose between the surviving settlors and beneficiaries of the trust (plaintiffs) and the two nonfamily trustees (defendants), and the suit proceeded as a contested action to remove and surcharge the defendants for the alleged breach of fiduciary responsibilities and for conflicts of interest.

During discovery, plaintiffs filed a verified motion for preliminary…