In re Gleeson’s Will
Illinois Appellate Court
124 N.E.2d 624 (1955)
Con Colbrook (defendant) had been leasing farmland from Mary Gleeson for one year when she renewed the lease for a second year. However, Gleeson died two weeks before the second lease was set to expire. In her will, Gleeson devised her farmland to Colbrook as trustee for the benefit of her children. When the second year of his lease on the farmland expired, Colbrook held over for another year before he leased the land to another tenant. When the question arose as to whether Colbrook breached his fiduciary duty to the beneficiaries by holding over for another year, he defended that he acted honestly and in good faith and that the trust suffered no harm due to the circumstances surrounding rental of the farmland. Colbrook, who had part of the farmland with wheat that needed to be harvested that year, explained to the court that Gleeson’s death occurred just shortly before the new farming year and that it would be very difficult to find good farm tenants to take over the lease on such short notice. Accordingly, Colbrook asserted that his holding over was in the best interests of the trust. The question of whether Colbrook breached his fiduciary duty under these circumstances was appealed to the Illinois Appellate Court.
Rule of Law
Holding and Reasoning (Carroll, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.