Judge: Astor Family Feud Will Affect Charities

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The New York Sun

WHITE PLAINS — The judge overseeing the family fight over Brooke Astor’s $198 million estate told lawyers Wednesday that their failure to settle the case will be costly for Astor’s favorite charities.

At a hearing in the Westchester County Surrogate’s Court, the judge, Anthony Scarpino, said he was “very, very disappointed” to hear that settlement negotiations had halted. He urged a resumption of talks, saying “I’m hopeful additional conversations can change matters,” but he also sent the 14 lawyers off to schedule depositions and other pretrial matters.

Lawyers for the Metropolitan Museum of Art, the New York Public Library and other beneficiaries of Astor’s wills have pushed for a settlement, warning that drawn-out litigation will bleed money from their bequests. Mr. Scarpino said yesterday that a failure to settle “is going to cost the charities a lot of money.”

At issue, in general, is which of two wills conveys the true intentions of Astor, the philanthropist who died in August at age 105. Her son, Anthony Marshall, supports a 2002 will and codicils, or additions, which benefit him at the expense of the charities Astor named. Others, including her grandson, Philip Marshall, contend a 1997 will was the last one she was competent to sign.

The case reflects the family feud that became public last year when Philip Marshall claimed that his father, Anthony Marshall, was enriching himself at the expense of Astor’s estate and her health.

When that dispute went to court in Manhattan, Astor’s friend, Annette de la Renta, was appointed her guardian. Mr. Scarpino said Wednesday he would rule “shortly” on who will be named temporary administrator of the estate — Ms. de la Renta or Anthony Marshall’s candidate, a former state Court of Appeals Judge, Howard Levine.

Anthony Marshall and his wife sat in the back row of the gallery during the hearing Wednesday. They declined to talk to reporters. The estate case could eventually be complicated by a criminal investigation by the district attorney in Manhattan.


The New York Sun

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