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Sunday, April 26, 2009

Law - "Fight for Astor Estate Mirrors Battle 50 Years Ago "

Here are some earlier ILB entries on the legal battle involving the estate of Brooke Astor. Today John Eligon reports in the NY Times, in a story headlined "Fight for Astor Estate Mirrors Battle 50 Years Ago ." The story begins:

The main beneficiary is accused of scheming with others to drain the estate. The deceased, it is alleged, did not have the mental capacity to execute the will. Document experts have been asked to examine the authenticity of the will, the credibility of the witnesses to its signing has been questioned and the court fight has been a headline-grabbing sensation.

Sound familiar?

It might. But this probably is not the case you are thinking of.

The year was 1959. John Jacob Astor VI accused Brooke Russell Astor of using “improper conduct and undue influence” to persuade her husband, Vincent Astor, who had died from a heart attack at 67, to change his will. When Vincent signed off on his will, he “was mentally deficient,” claimed John Jacob, his half brother.

Now, half a century later, Mrs. Astor, who died two years ago at 105, is again at the center of a tug of war over one of New York City’s most venerable and benevolent family fortunes — only this time it is her will and mental state that are being probed.

Opening statements are scheduled Monday in the criminal trial of Mrs. Astor’s son, Anthony D. Marshall, who is accused of taking advantage of her diminished mental state as a result of Alzheimer’s disease to force her into changing her will and direct millions his way. Francis X. Morrissey Jr., a lawyer who worked on Mrs. Astor’s estate, is also facing fraud and forgery charges.

Although this case, which involves criminal allegations, is more serious than the 1959 dispute, which was settled in surrogate’s court, they share subplots of manipulation, greed and plenty of fodder for the news media. And there is, of course, the Astor name.

There is more, the NYT has posted 51 pages of court documents from the 1959 struggle over the will of Vincent Astor, Brooke Astor's third husband.

Posted by Marcia Oddi on April 26, 2009 05:40 PM
Posted to General Law Related