Court finds no breach of fiduciary duty when $1.9 million fund is depleted by 7.5% payout
A bank trustee has been found not liable for breach of fiduciary duty or breach of contract when a $1.9 million charitable remainder annuity trust (a “CRAT”) designed to provide a 7.5% annual payout to the annuitants for life was totally exhausted in 11 years. An appellate court in Georgia has ruled that the bank neither violated its fiduciary duty within the applicable statute of limitations period nor breached its contract with the beneficiaries. (Wells Fargo Bank v. Cook, Ct.