Tuesday, February 2, 2016

Woman who left $150,000 inheritance to care for stray cats at the center of legal battle

  • Barbara Thorpe left most of her $200,000 inheritance as a trust to care for the abandoned cats of Dixfield, Maine
  • But locals who have been caring for the strays claim the trustees have been withholding money for 13 years
  • One carer spends $9,000 a year on cats, but says the trust pays out just $300 a year, on average
  • The suit also alleges that one trustee upped her housekeeping charges from $8 to $100 an hour after Thorpe was placed in care
Cat lovers in Dixfield, Maine, have teamed up with the town itself to take a local woman's estate trustees to court as part of a 13-year dispute over money that she left to local abandoned cats.
Although Barbara Thorpe wished to leave the lion's share of her $200,000 estate to pay for food, shelter and veterinary care for the stray cats of Dixfield when she died in 2002, plaintiffs in the case — including the town itself — claim that her trustees are refusing to put money in the kitty.
Thorpe's will named her friend, Gertrude Crosby, as her sole representative, and requested that she give money to a number of friends and institutions, including $5,000 to a Shriners Hospital for children. Once that was done, and estate expenses were paid, the remaining $147,978.63 plus life insurance proceeds were to be used to create a memorial trust to care for local strays.

Brenda Jarvis is one of five Dixfield, Maine locals who are suing the trustees of Barbara Thorpe's estate, accusing them of refusing to pay the money that Thorpe left to local cats in her will. Thorpe left almost $150,000 to the strays of Dixfield, hoping it would be used to pay for their food, shelter and care
Brenda Jarvis is one of five Dixfield, Maine locals who are suing the trustees of Barbara Thorpe's estate, accusing them of refusing to pay the money that Thorpe left to local cats in her will. Thorpe left almost $150,000 to the strays of Dixfield, hoping it would be used to pay for their food, shelter and care

But a group of local cat carers — Noreen Clarke, Brenda Jarvis, Caroline Smith, Valerie Warriner and Donna Weston — say they've struggled to get the money they need to act out Thorpe's wishes, and the town of Dixfield backed them in a suit filed last week.

Jarvis told The Sun Journal that the trustees had paid out about $300 a year to care for the cats, including a check for $2,500.
But, she says, the cost of caring for the animals is considerably higher — she spends most of each day at outdoor shelters and a trailer she bought to house cats, where she feeds, grooms and cares for them, and costs can run to around $9,000 a year.
'I spend darn close to my entire Social Security check,' she said to The Sun Journal.

Caroline Smith, Jarvis's sister, has been caring for local strays since 1974, and continues to dedicate money and time to their upkeep - but in court she and the other carers say that their expenses are not being met by Thorpe's trustees, whom they say are reluctant to part with money, and are taking it for themselves
Caroline Smith, Jarvis's sister, has been caring for local strays since 1974, and continues to dedicate money and time to their upkeep - but in court she and the other carers say that their expenses are not being met by Thorpe's trustees, whom they say are reluctant to part with money, and are taking it for themselves
Other members care for these animals or run their own shelters, including Warriner, who keeps 40 cats and estimates that she spends $800 a month on their upkeep.
They plan to move the animals to a dedicated three-bedroom farmhouse donated by a friend of Jarvis's, but say it will require a major renovation.
The suit claims that the trustees — named as Gertrude Crosby, Bentley Crosby and Charlotte Mesko, and attorney David Austin, who drafted Thorpe's will and began representing the Crosbys after she died — have billed excessive amounts for maintaining the trust, and have failed to properly invest the money in it.

Valerie Warriner looks after 40 cats and claims to spend around $800 a month on her charges, but the court papers filed by her group say that on average Thorpe's trust pays out just $300 per year
Valerie Warriner looks after 40 cats and claims to spend around $800 a month on her charges, but the court papers filed by her group say that on average Thorpe's trust pays out just $300 per year

The complaint also alleges that the Crosbys have taken money intended for the cats for themselves, claiming that when Thorpe moved to a nursing home in 2001 Gertrude upped her charges for housekeeping from $8 an hour to $100 an hour, and paid her husband Bentley $40 to help. 
They continued charging these fees after Thorpe died.
It adds that Austin conspired with the Crosbys to stop Thorpe's bequest to the cats from being enacted, and charged more than $13,000 in fees.

The suit claims that as well as restricting the money given to cat carers in Dixfield, those overseeing the trust have billed unreasonable amounts, with one charging $100 an hour for housekeeping after Thorpe's death
The suit claims that as well as restricting the money given to cat carers in Dixfield, those overseeing the trust have billed unreasonable amounts, with one charging $100 an hour for housekeeping after Thorpe's death

Representatives of Dixfield have chosen to side with Jarvis and her friends, saying that their continuing care of stray cats was in the interests of the town 
Representatives of Dixfield have chosen to side with Jarvis and her friends, saying that their continuing care of stray cats was in the interests of the town 

Dixfield's cat carers have been joined in their fight by the town itself, after a Board of Selectmen unanimously agreed that it was in the town's interests to deal with the area's abandoned cats.
Town manager Carlo Puiia told The Sun Journal that they agreed that Thorpe had intended for the money to go towards Dixfield's cat enthusiasts, some of whom had been helping cats there for decades.
Jarvis and sister Caroline Smith, in particular, have been caring for local strays since 1974.

This isn't the first time the case has seen the inside of a court: in 2004, a complaint was filed to a probate court, with the same charges. The judge at that time ruled that Austin had invoiced fairly but that the trustees' fees were unreasonable, and capped their fees at 10 percent of the total trust.
The trustees' attorney, Neal Pratt, told The Sun Journal on Sunday that his clients 'vehemently deny any wrongdoing.'

The court case remains ongoing, but the catwomen of Dixfield continue to keep their work ongoing — and the cats are keeping their chins up
The court case remains ongoing, but the catwomen of Dixfield continue to keep their work ongoing — and the cats are keeping their chins up


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