First, let me say that I am not exactly a cat person. No offense to the cat owners out there, but I really don't understand cats or people's attraction to them. If you're going to the invest the time and money it takes to keep a house pet, why wouldn't you get an animal that actually seems to appreciate your efforts... like a dog??
But, I digress. I really want to talk about a trust department's possible breach of fiduciary duty. Today's Chicago Tribune contained an article about a woman from Berwyn who passed away recently at the age of 76. She had no surviving relatives. In her will, she directed that any cat or cats that she owned at the time of her death be euthanized. Sounds like a reasonable request to me.
The meddling trust officers at the Fifth Third Bank, however, felt differently. They petitioned the Cook County probate court to set aside that provision of the will because they had found a shelter to take Boots, the cat at the center of the controversy. On Monday, the Court granted the request and Boots was spared the eventual death sentence.
My question is this: Doesn't the trust department have a duty to carry out the plain language of the will? What makes them think that they can petition the court to set aside any provision of the will? I ask these questions tongue-in-cheek, of course, because there are plenty of reasons why this would happen and it happens all the time. I'm really just trying to rile up the cat lovers!! Have a good one!!!
The Tribune's article is HERE.