Just Pants v. Bank of Ravenswood

In Just Pants v. Bank of Ravenswood (1985), 136 Ill. App. 3d 543, 483 N.E.2d 331, 91 Ill. Dec. 49, the court held that whether a beneficiary or a trustee was a proper party as a defendant in a lawsuit depended in a large part on the specific recitations in the trust agreement. There the court reversed a lower court order because the specifics of the trust agreement in question were not before the appellate court and were not in the record. The appellate court stated that beneficiaries of a land trust could be held responsible for the torts or frauds of the trustees, where the beneficiaries participate in or authorize the commission of the wrongs. The trustee, on the other hand, was insulated from liability and negligence for the operation and maintenance of the property, but the trustee had no rights of possession, operation, control, or maintenance.