Madison County Circuit Judge Dennis Ruth on Friday stayed a case in a St. Jacob woman’s lawsuit against the Bank of Edwardsville.
“Why can’t we wait until the appellate court rules?” Ruth told the court at the hearing Friday. “We’re spinning our wheels in attorneys’ fees in this case.”
Marian Beyer filed a lawsuit Dec. 12, 2011, naming the Bank of Edwardsville, University of Illinois Foundation, Edward Beard, Donald Beard, Paul Langenwalter and Venita Ashburn as defendants.
Beyer filed the lawsuit hoping to access her mother’s trust fund in order to afford repairs to her St. Jacob home, she claims.
Bank of Edwardsville attorney Sandra J. Tatoian told the court that the bank had determined it “was not reasonable to do these repairs in their amended proposed counterclaim.”
Ruth wrote in his order that the “court having considered the arguments and briefs stays this case and all pending matters herein, pending the decision of the appellate court for case of The Bank of Edwardsville, Trustee v. Beyer.”
Beyer on Aug. 15 asked to spend trust fund money to replace a boiler furnace, install a central air conditioning system and hire a contractor to explore and determine the cause/remedy of past flooding.
Beyer is the sole primary beneficiary of her mother’s trust, and she will suffer irreparable harm by the continued refusal of the trustee to replace the old boiler furnace and to install central air conditioning, her complaint says.
The decedent, Emma Beyer, left a will that was admitted to probate in Madison County. The will established a trust for her daughter Marian Beyer.
The property is owned by Marian Beyer and is comprised of two contiguous parcels containing a single family residence at 228 W. Main St. and 232 W. Main St. in St. Jacob.
“Marian Beyer spends much of her time at the 228 West Main House, tending to and enjoying the property and the contents of the house, the contents consisting of antiques, collections, curious, personal items, and a few cats,” according to court documents.
Tom Burkart represents Marian Beyer.