Merritt v. Citizens Trust Bank

Sognier, Judge.

Wesley Merritt, as donor and beneficiary of the Wesley Merritt Revocable Trust (Merritt Trust) filed a complaint against Citizens Trust Bank (Citizens Trust), in its individual corporate capacity and as trustee of the Merritt Trust, alleging that Citizens Trust had, inter alia, breached its fiduciary duty as trustee by allowing the corpus of the trust to go into foreclosure. Citizens Trust answered and filed a motion to dismiss or motion for judgment on the pleadings denying the existence of the trust. Citizens Trust also filed a counterclaim alleging that Merritt was indebted…