Freese v. Jeffords

The circuit court of Champaign County entered a decree appointing a successor testamentary trustee and this direct appeal is taken from that decree, apparently on the theory that a freehold is involved. Although our jurisdiction upon direct appeal is not challenged by the appellee, it is the duty of this court to decline to proceed where jurisdiction does not exist. In re Estate of Kaindl, 411 Ill. 608; Wylie v. O’Connor, 363 Ill. 615.

Leo Freese, who was named as trustee in the will of Frank M. Clayton, deceased, filed his complaint in which he requested that because of his advanced age and…