Hieber v. Uptown National Bank

PRESIDING JUSTICE McMORROW

delivered the opinion of the court:

Plaintiff John R. Hieber appeals from the trial court’s entry of summary judgment in favor of defendant Uptown National Bank on plaintiff’s suit to enforce the terms of a trust agreement executed by Alma Evans (Evans) prior to her death. In entering summary judgment, the trial court determined that the trust agreement failed because it was not funded prior to Evans’ death. The trial court also concluded that the defendant properly refused to honor bank instruments executed by Evans to plaintiff in order to fund the trust, because…