Mikrut v. First Bank of Oak Park

Plaintiffs-appellants, Michaline Mikrut and Theresa Mudjer, in their capacity as co-executors of the estate of their deceased brother, Theodore Kasprzycki, sued the defendant-appellee, First Bank of Oak Park (First Bank). The action sought to recover estate funds that were converted by plaintiffs’ attorney, Anthony Capetta. Capetta, in his capacity as plaintiffs’ fiduciary, received three checks which represented the proceeds of Kasprzycki’s estate. Plaintiffs claimed that Capetta, without plaintiffs’ authority, improperly endorsed these checks, deposited them into his client trust account…