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Logsdon v. Nolen

MARCH 11, 1969.

BLUFORD W. LOGSDON, PLAINTIFF-APPELLEE,

v.

ROBERT S. NOLEN, SUCCESSOR TRUSTEE TO FREDERICK W. LOGSDON, DECEASED, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Gallatin County; the Hon. CHARLES E. JONES, Judge, presiding. Decree reversed.

GOLDENHERSH, P.J.

Defendant, Robert S. Nolen, Successor Trustee, appeals from the decree of the Circuit Court of Gallatin County ordering termination of a trust, a final accounting, and the conveyance to Bluford W. Logsdon, hereafter called plaintiff, of the corpus of the trust estate.

The record shows that in 1961, plaintiff, and Isabelle Logsdon, conservator of his person, filed an action against Eugene W. Logsdon, conservator of plaintiff's estate, and Frederick L. Logsdon. In Count I of their complaint the plaintiffs alleged that plaintiff, Bluford W. Logsdon is the owner of real estate, money, and "investments," which were in the possession and control of defendant, Eugene W. Logsdon, as conservator of his estate, or Isabelle Logsdon, as conservator of his person; in order to provide more economical management of his property, plaintiff had executed a conveyance in trust of all his property; because plaintiff was under conservatorship the conveyance was subject to attack until it was established by proper decree that it was valid and effective; although plaintiff had been under conservatorship, he was competent to make a valid and effective conveyance in trust.

In Count II it was alleged that Eugene W. Logsdon, as conservator of plaintiff's estate, should be protected by a court order directing him to make a final accounting and deliver the assets to the trustee.

In Count III it was alleged that plaintiff has reached a point of understanding so that he no longer needs a conservator of the person.

The trust deed conveys to Fred L. Logsdon all of plaintiff's real estate and "All money, Bonds, Savings Accounts, and other investments standing in my name, or in the name of any Conservator for either my estate or person, or in the name of any other person, firm or corporation, on my behalf." It provides further that it is irrevocable for the life of plaintiff, terminates on his death, designates Frederick L. Logsdon as initial trustee, and makes provision for a successor trustee if required. It provides that the trustee shall manage plaintiff's property for plaintiff's benefit, and authorizes the trustee to create and terminate tenancies, execute mineral leases and sell mineral rights. The trustee is also authorized to sell or mortgage real estate, subject to approval of the Circuit Court of Gallatin County.

On July 24, 1962, a decree was entered finding that plaintiff was adjudged an incompetent person in the County Court of Gallatin County in 1925; at the time of the execution of the Trust Conveyance plaintiff "was of sufficient mental ability and capacity to come within the meaning of the phrase `lucid moments,'" and now has sufficient mental ability and capacity to understand the nature and consequences of the Trust Conveyance.

The decree provides:

"IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED:

"That the Trust Conveyance dated March 7, 1961, and recorded in Gallatin County, Illinois, in Deed Record 136, at page 474, is a good, sufficient and valid conveyance of all of the property therein described, and that BLUFORD W. LOGSDON was competent to execute and deliver the Trust conveyance, and that the same is declared to be in full force and effect."

The court held in abeyance any ruling on Counts II and III, and on November 3, 1962, entered a supplemental decree ordering the conservators of plaintiff's estate and person to make final accountings, and upon approval of the accounts by the County Court, to pay over to Frederick L. Logsdon, Trustee, all of the assets of the respective conservatorships, accept the receipt of the trustee therefor, and upon exhibiting the final receipts to the County Court the conservatorships "shall be terminated and ended." The paragraph ordering termination of the conservatorship of the person concludes: "the said Bluford W. Logsdon having reached a state of understanding so that a Conservator of his Person is no longer required."

In October 1967, plaintiff represented by other counsel, filed a second amended complaint in which he refers to the decree of November 3, 1962, and states:

"That the plaintiff is not under any disability or incapacity and is well able to care for his personal, as well as, real, estate, and since the plaintiff is the sole beneficiary of the Trust, no purpose is ...


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