prudent person standard (Illinois) · Go Syfert
← Illinois issues

prudent person standard in Illinois

14 Illinois opinions name it 2 courts 1873–2009 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
In Re Estate of Piriegreen
illappct · 1986 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009App. 3d 759, 763 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.

2009In re Guardianship of Connor, 170 Ill.App.3d 759, 763 , 121 Ill.Dec. 408 , 525 N.E.2d 214 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.App.3d 750, 766 , 97 Ill.Dec. 225 , 492 N.E.2d 884 (1986) (the court interpreted a portion of the Probate Act to apply the prudent-person standard to investments by corporate executors; it also agreed that if the prudent-investor standard is to be applied, it should be applied by the legislature and not the court).

22
In Re Application of Cook County Collectorgreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Elsie Bee, 228 Ill.

2009Elsie Bee, 228 Ill.App.3d at 734 , 170 Ill.Dec. 649 , 593 N.E.2d 538 .

13
In Re Guardianship of Connorgreen
illappct · 1988 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009In re Guardianship of Connor, 170 Ill.App.3d 759, 763 , 121 Ill.Dec. 408 , 525 N.E.2d 214 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.App.3d 750, 766 , 97 Ill.Dec. 225 , 492 N.E.2d 884 (1986) (the court interpreted a portion of the Probate Act to apply the prudent-person standard to investments by corporate executors; it also agreed that if the prudent-investor standard is to be applied, it should be applied by the legislature and not the court).

2009In re Guardianship of Connor, 170 Ill.App.3d 759, 763 , 121 Ill.Dec. 408 , 525 N.E.2d 214 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.App.3d 750, 766 , 97 Ill.Dec. 225 , 492 N.E.2d 884 (1986) (the court interpreted a portion of the Probate Act to apply the prudent-person standard to investments by corporate executors; it also agreed that if the prudent-investor standard is to be applied, it should be applied by the legislature and not the court).

12
Advincula v. United Blood Servicesgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2009–2009
2 sentences

2009In Advincula v. United Blood Services, 176 Ill. 2d 1, 22 (1996), the court stated that, generally, the basic standard of care in a negligence case is that of the “ordinarily careful person” or the “reasonably prudent person.” The Advincula court further stated: “To be complete, however, a standard of care must also be subjective, in that it makes proper allowance for the actor’s capacity to meet the risk apparent to him, and the circumstances under which he must act. [Citation.] Accordingly, the basic reasonable person standard allows for and incorporates the physical characteristics of the de

2009In Advincula v. United Blood Services, 176 Ill. 2d 1, 22 (1996), the court stated that, generally, the basic standard of care in a negligence case is that of the “ordinarily careful person” or the “reasonably prudent person.” The Advincula court further stated: “To be complete, however, a standard of care must also be subjective, in that it makes proper allowance for the actor’s capacity to meet the risk apparent to him, and the circumstances under which he must act. [Citation.] Accordingly, the basic reasonable person standard allows for and incorporates the physical characteristics of the de

12
Estate of Beachgreen
cal · 1975 · cited in 2 Illinois opinions naming this issue, 1986–1986
2 sentences

1986The statute governing trustee conduct in California which was construed in Beach is referred to by that court as the “prudent investor rule.” (Estate of Beach (1975), 15 Cal. 3d 623 , 637 n.13, 542 P.2d 994 , 1002 n.13, 125 Cal. Rptr. 570 , 578 n.13.) The language in the California statute is very similar to the language of the Illinois statute governing trustee conduct which has been denominated by our legislature as the prudent person rule.

1986The statute governing trustee conduct in California which was construed in Beach is referred to by that court as the “prudent investor rule.” (Estate of Beach (1975), 15 Cal. 3d 623 , 637 n.13, 542 P.2d 994 , 1002 n.13, 125 Cal. Rptr. 570 , 578 n.13.) The language in the California statute is very similar to the language of the Illinois statute governing trustee conduct which has been denominated by our legislature as the prudent person rule.

12
Cabot v. Northern Trust Co.green
illappct · 1986 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009In re Guardianship of Connor, 170 Ill.App.3d 759, 763 , 121 Ill.Dec. 408 , 525 N.E.2d 214 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.App.3d 750, 766 , 97 Ill.Dec. 225 , 492 N.E.2d 884 (1986) (the court interpreted a portion of the Probate Act to apply the prudent-person standard to investments by corporate executors; it also agreed that if the prudent-investor standard is to be applied, it should be applied by the legislature and not the court).

2009In re Guardianship of Connor, 170 Ill.App.3d 759, 763 , 121 Ill.Dec. 408 , 525 N.E.2d 214 (1988) (the court applied the prudent-person standard to a corporate guardian but not with regard to statutory investments); see also In re Estate of Pirie, 141 Ill.App.3d 750, 766 , 97 Ill.Dec. 225 , 492 N.E.2d 884 (1986) (the court interpreted a portion of the Probate Act to apply the prudent-person standard to investments by corporate executors; it also agreed that if the prudent-investor standard is to be applied, it should be applied by the legislature and not the court).

11
United Broadcasting Co. v. Federal Communications Commissiongreen
scotus · 1978 · cited in 1 Illinois opinions naming this issue, 1986–1986
1 sentence

1986See Estate of Beach (1975), 15 Cal.3d 623 , 542 P.2d 994 , 125 Cal. Rptr. 570 , cert. denied (1978), 434 U.S. 1046 , 54 L.Ed.2d 797 , 98 S.Ct. 891 . [2] The statute governing trustee conduct in California which was construed in Beach is referred to by that court as the "prudent investor rule." ( Estate of Beach (1975), 15 Cal.3d 623 , 637 n. 13, 542 P.2d 994 , 1002 n. 13, 125 Cal. Rptr. 570 , 578 n. 13.) The language in the California statute is very similar to the language of the Illinois statute governing trustee conduct which has been denominated by our legislature as the prudent person rul

11
Richter v. Department of Alcoholic Beverage Control of Californiagreen
scotus · 1978 · cited in 1 Illinois opinions naming this issue, 1986–1986
1 sentence

1986See Estate of Beach (1975), 15 Cal.3d 623 , 542 P.2d 994 , 125 Cal. Rptr. 570 , cert. denied (1978), 434 U.S. 1046 , 54 L.Ed.2d 797 , 98 S.Ct. 891 . [2] The statute governing trustee conduct in California which was construed in Beach is referred to by that court as the "prudent investor rule." ( Estate of Beach (1975), 15 Cal.3d 623 , 637 n. 13, 542 P.2d 994 , 1002 n. 13, 125 Cal. Rptr. 570 , 578 n. 13.) The language in the California statute is very similar to the language of the Illinois statute governing trustee conduct which has been denominated by our legislature as the prudent person rul

11
Edwards v. Superior Court of Californiagreen
scotus · 1978 · cited in 1 Illinois opinions naming this issue, 1986–1986
1 sentence

1986See Estate of Beach (1975), 15 Cal.3d 623 , 542 P.2d 994 , 125 Cal. Rptr. 570 , cert. denied (1978), 434 U.S. 1046 , 54 L.Ed.2d 797 , 98 S.Ct. 891 . [2] The statute governing trustee conduct in California which was construed in Beach is referred to by that court as the "prudent investor rule." ( Estate of Beach (1975), 15 Cal.3d 623 , 637 n. 13, 542 P.2d 994 , 1002 n. 13, 125 Cal. Rptr. 570 , 578 n. 13.) The language in the California statute is very similar to the language of the Illinois statute governing trustee conduct which has been denominated by our legislature as the prudent person rul

11
Renn v. Renngreen
ark · 1944 · cited in 1 Illinois opinions naming this issue, 1983–1983
2 sentences

1983Fraudulent Conveyances sec. 127 (1943); see Renn v. Renn (1944), 207 Ark. 147 , 179 S.W.2d 657 .) The evidence shows that the parents knew there were marital difficulties between Roger and Sandra in 1976 when the contract for the sale of the farm, including the forfeiture provision, was prepared.

1983Fraudulent Conveyances sec. 127 (1943); see Renn v. Renn (1944), 207 Ark. 147 , 179 S.W.2d 657 .) The evidence shows that the parents knew there were marital difficulties between Roger and Sandra in 1976 when the contract for the sale of the farm, including the forfeiture provision, was prepared.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
In re Corrington green
ill · 1888
2 sentences

2009Corrington provides, “[the executor of an estate] must exercise such discretion with fidelity to the interests of the beneficiaries, and in a reasonable and prudent manner.” Corrington, 124 Ill. at 367 .

2009Corrington provides, "[the executor of an estate] must exercise such discretion with fidelity to the interests of the beneficiaries, and in a reasonable and prudent manner." Corrington, 124 Ill. at 367 , 16 N.E. 252 .

22009–2009
Christy v. Christy green
ill · 1907
2 sentences

2009Christy provides, “[an administrator of an estate] is held to the exercise of only that degree of skill and diligence which an ordinarily prudent man bestows on his own similar private affairs.” Christy, 225 Ill. at 552-53 .

2009Christy provides, "[an administrator of an estate] is held to the exercise of only that degree of skill and diligence which an ordinarily prudent man bestows on his own similar private affairs." Christy, 225 Ill. at 552-53 , 80 N.E. 242 .

22009–2009
Donovan v. Mazzola green
ca9 · 1983
1 sentence

1991Cir. 1985), 772 F.2d 951, 955 .) A court’s task in evaluating fiduciary compliance under ERISA is to inquire “whether the individual trustees, at the time they engaged in the challenged transactions, employed the appropriate methods to investigate the merits of the investment and to structure the investment.” (Donovan v. Mazzola (9th Cir. 1983), 716 F.2d 1226 , 1232.) A fiduciary’s independent investigation of the merits of a particular investment is “at the heart of the prudent person standard.” Fink, 772 F.2d at 957 .

11991–1991
Ronald Fink v. National Savings and Trust Company green
cadc · 1985
2 sentences

1991Cir. 1985), 772 F.2d 951, 955 .) A court’s task in evaluating fiduciary compliance under ERISA is to inquire “whether the individual trustees, at the time they engaged in the challenged transactions, employed the appropriate methods to investigate the merits of the investment and to structure the investment.” (Donovan v. Mazzola (9th Cir. 1983), 716 F.2d 1226 , 1232.) A fiduciary’s independent investigation of the merits of a particular investment is “at the heart of the prudent person standard.” Fink, 772 F.2d at 957 .

1991Cir. 1985), 772 F.2d 951, 955 .) A court’s task in evaluating fiduciary compliance under ERISA is to inquire “whether the individual trustees, at the time they engaged in the challenged transactions, employed the appropriate methods to investigate the merits of the investment and to structure the investment.” (Donovan v. Mazzola (9th Cir. 1983), 716 F.2d 1226 , 1232.) A fiduciary’s independent investigation of the merits of a particular investment is “at the heart of the prudent person standard.” Fink, 772 F.2d at 957 .

11991–1991
Smith v. Grubb green
ill · 1949
1 sentence

1983(Smith v. Grubb (1949), 402 Ill. 451, 464-65 .) Where real estate is in the possession of someone other than the record owner, such possession is generally regarded as notice of the interest represented thereby and is legally equivalent to the recording of such interest; a purchaser is bound to inquire of the person in possession by what tenure he holds and what interest he claims in the premises.

11983–1983
Hofmann v. Hofmann green
ill · 1983
2 sentences

1983(See Ray v. Winter (1977), 67 Ill. 2d 296 , 367 N.E.2d 678 .) It has been held that “a transferee is chargeable with acquiescence in a fraudulently intended transfer where he is in possession of facts and circumstances which are not reconcilable with ordinary business integrity or would otherwise put a prudent person on inquiry.” (Hofmann v. Hofmann (1983), 94 Ill. 2d 205, 225 , 446 N.E.2d 499, 507 .) We find that under the unusual circumstances of this case, where the third party and the husband may have acted in collusion to deprive the wife and children of the marital home and violated the

1983(See Ray v. Winter (1977), 67 Ill. 2d 296 , 367 N.E.2d 678 .) It has been held that “a transferee is chargeable with acquiescence in a fraudulently intended transfer where he is in possession of facts and circumstances which are not reconcilable with ordinary business integrity or would otherwise put a prudent person on inquiry.” (Hofmann v. Hofmann (1983), 94 Ill. 2d 205, 225 , 446 N.E.2d 499, 507 .) We find that under the unusual circumstances of this case, where the third party and the husband may have acted in collusion to deprive the wife and children of the marital home and violated the

11983–1983
Ray v. Winter green
ill · 1977
2 sentences

1983(See Ray v. Winter (1977), 67 Ill. 2d 296 , 367 N.E.2d 678 .) It has been held that “a transferee is chargeable with acquiescence in a fraudulently intended transfer where he is in possession of facts and circumstances which are not reconcilable with ordinary business integrity or would otherwise put a prudent person on inquiry.” (Hofmann v. Hofmann (1983), 94 Ill. 2d 205, 225 , 446 N.E.2d 499, 507 .) We find that under the unusual circumstances of this case, where the third party and the husband may have acted in collusion to deprive the wife and children of the marital home and violated the

1983(See Ray v. Winter (1977), 67 Ill. 2d 296 , 367 N.E.2d 678 .) It has been held that “a transferee is chargeable with acquiescence in a fraudulently intended transfer where he is in possession of facts and circumstances which are not reconcilable with ordinary business integrity or would otherwise put a prudent person on inquiry.” (Hofmann v. Hofmann (1983), 94 Ill. 2d 205, 225 , 446 N.E.2d 499, 507 .) We find that under the unusual circumstances of this case, where the third party and the husband may have acted in collusion to deprive the wife and children of the marital home and violated the

11983–1983
Mason v. Mullahy neutral
ill · 1893
1 sentence

1941Mason v. Mullahy, 145 Ill. 383 ; German-American Nat.

11941–1941
Merrick v. Wallace green
ill · 1858
1 sentence

1878It was said in Merrick v. Wallace, 19 Ill. 486 , that the record of a deed describing premises by an impossible sectional number, was sufficient to put a party purchasing the same quarter upon' inquiry, and might amount to notice of a prior grant.

11878–1878
Erickson v. Rafferty green
ill · 1875
1 sentence

1878From Doyle et al. v. Teas et al. 4 Scam. 202 , to Erickson v. Rafferty, 79 Ill. 209 , the .doctrine has not been essentially departed from, a party having notice of such facts as would put a prudent person on inquiry, is chargeable with a knowledge of other facts to which by diligent inquiry and investigation he would have been led.

11878–1878
Henneberry v. Morse neutral
ill · 1870
1 sentence

1873Henneberry v. Morse, 56 Ill. 394 .

11873–1873

Where else courts name it

NY 25 (1905–2026) CA 17 (1942–2026) MN 14 (1966–2017) IL 14 (1873–2009) SD 11 (1973–2025) TX 10 (1921–2021) MI 8 (1919–2017) ND 6 (1964–2015) NE 5 (1995–2024) LA 5 (1938–1986) TN 5 (1945–2013) OK 4 (1942–2017) MT 4 (1894–2021) WA 4 (1945–1999) KY 4 (1930–1978) SC 3 (1921–1938) MO 3 (1903–1998) NC 3 (1991–2012) AL 2 (1983–1984) OH 2 (2012–2024) AZ 2 (1950–2016) DC 2 (1991–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check