APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION
Rubin, Plaintiff-Appellant and Cross-Appellee, v.
National Boulevard Bank of Chicago, Ex'r of the Estate of
Morrie Chaitlen, Deceased, Defendant-Appellee and
534 N.E.2d 482, 179 Ill. App. 3d 287, 128 Ill. Dec. 300 1989.IL.90
Appeal from the Circuit Court of Cook County; the Hon. Frank R. Petrone, Judge, presiding.
JUSTICE O'CONNOR delivered the opinion of the court. CAMPBELL and BUCKLEY, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE O'CONNOR
This is an appeal from an order upholding the validity of an agreement to create a trust and directing the creation of a trust. The issues raised on appeal are whether the trial court erred in imposing a trust and whether the trust should have been imposed retroactively to the date of decedent's death.
On January 16, 1974, Donna Rubin and plaintiff, Stephen Rubin, were divorced. On the same day, the decedent, Morrie Chaitlen, the father of Donna Rubin, executed an agreement to the effect that he would provide for the support, maintenance and education of the two minor children of the parties in the event that his daughter failed to do so.
The written memorandum provides, in part, as follows:
"In return for effecting the foregoing and for your agreeing that my daughter and I have custody of your minor children, Michael and Wendy Rubin, I will execute a general release to Stephen D. Rubin and to Graver-Dearborn Corporation and Donna will agree to be primarily responsible for the support, maintenance and education of the children. If for any reason she is unable to support, maintain and educate the children, I will agree to assume the responsibility for their support, maintenance and education during whatever period of time that Donna is unable to do so.
In order to fulfill my contingent responsibility to support, maintain and educate Michael and Wendy Rubin if my daughter Donna shall fail to do so, and I shall die during this period, I will, by my last will, provide for the creation of a trust or trusts in such amounts as will amply provide for their support, maintenance and their primary, secondary and college ...