What is it about cats? A New York appeals court has ruled that a woman who changed her will to disinherit her three closest relatives and bequeath $100,000 to her cat was not a victim of undue influence. Matter of Stafford (N.Y. Sup. Ct., App. Div., 3d, No. 516429, Nov. 27, 2013). Meanwhile, a decedent in Memphis, Tenn., recently left his $250,000 in assets and 4,270 square foot home not to his five children, 12 grandchildren or six great-grandchildren, but to his two cats.
In the New York case, Charlotte Stafford had directed in three previous wills that her three nephews share equally from the estate, and no mention was made of her cat, "Kissie Meouw." But a will drawn up in 2007 disinherited the nephews and directed that $100,000 be placed in a pet trust for the benefit of the cat. Stafford's housemate and care-giver, Vicky House, was designated as Kissie's caretaker and allowed to live in the home rent-free for as long as she served as the cat’s caretaker. The will also set aside $300,000 to maintain Ms. Stafford’s ancestral home, which was to be held in trust for her town and to be used for historical research and preservation.
Ms. Stafford suffered a stroke in October 2009 and died at age 91 in July 2010. The nephews objected to the will, arguing that Ms. Stafford was unduly influenced by Ms. House.
A probate court granted summary judgment dismissing the nephews' objections, and the Appellate Division, Third Department, granted summary judgment affirming the ruling. The court relied in part on the testimony of attorney Thomas Emerson, who assisted Ms. Stafford in drawing up the will, and of Mr. Emerson’s paralegal, who witnessed the will execution. Testifying to Ms. Stafford’s mental acuity and testamentary capacity on the day in question, Mr. Emerson reported that Ms. Stafford was "very aware, alert . . . [and] knew what she wanted."
"By all accounts, decedent was a very intelligent, private and strong-willed woman who 'ran her life the way she wanted to run it,'" the court concluded.
To read the court’s decision, click here.
Meanwhile, according to news reports, 79-year-old Leon Sheppard Sr. of Memphis left his entire estate to his two cats. However, in this case the humans are not left totally out in the cold. Mr. Sheppard's will provides that once the older of the two cats dies, what's left of the estate passes to his human heirs -- provided they continue to care for the younger feline. For details, click here.