Culicchia v. Hupfauer

Defendants James E Hupfauer, Jr., and LaSalle Bank appeal the order of the circuit court granting summary judgment in favor of plaintiff, Carl J. Culicchia, on his amended complaint in equity for declaratory judgment. The primary issue on appeal is whether the beneficiary of a land trust was required to obtain the consent of his co-beneficiary in order to amend the trust agreement so as to change his successor beneficiary. We hold that the amendment did not require the consent of the co-beneficiary. For the reasons that follow, the grant of summary judgment is affirmed in part and reversed in…