Astor Son Seeks Judge For Will Battle

Brooke Astor's only son, Anthony Marshall, is asking a court to appoint a former judge who sat on New York's highest court, Howard Levine, to disburse the late philanthropist's estate.

The motion, filed recently in Surrogate's Court in Westchester County, seeks to block the effort of Astor's longtime friend, Annette de la Renta, to be put in charge of bequeathing Astor's $130 million fortune.

At stake is how much of Astor's money will go to various charities and how much will go to Mr. Marshall. Amendments to Astor's will in her last years were to Mr. Marshall's benefit.

Mr. Marshall has charged that Mrs. de la Renta, who serves on the board at the Metropolitan Museum of Art and the New York Public Library, will have a conflict of interest when it comes time to decide how much of Astor's estate these institutions should receive. Judge Levine, who left New York's Court of Appeals in 2002 upon reaching the mandatory retirement age, is senior counsel to an Albany law firm, Whiteman, Osterman and Hanna LLP. He is described in Mr. Marshall's motion as " an independent and disinterested person of impeccable reputation."

Mr. Marshall is also requesting that the Fiduciary Trust Company International play a role in distributing the estate. The bank JP Morgan Chase has asked for the job.

Other charities and institutions that feature into versions of Astor's will include the Central Park Conservancy, the Prospect Park Alliance, the Marine Corps University Foundation, Rockefeller University, Carnegie Hall, and the Museum of Natural History.