Preminger v. Union Bank & Trust Co., NA

On October 18,1972, plaintiff filed a ' complaint for declaratory judgment requesting the termination of a trust of which she was a beneficiary and the distribution to her of the trust assets. Defendants answered contending the trust to be a spendthrift trust and therefore not subject to termination while the duties of the trustee remained unfulfilled. The circuit court, after hearing plaintiff’s motion for summary judgment, denied the requested judgment and dismissed the complaint. Plaintiff appeals from both circuit court orders.

On September 7, 1966, Cornelia N. Gilbert established an inter…