The warring factions in the ugly feud over Brooke Astor’s estate are close to a deal over how to handle her $200 million legacy, but have gotten tied up in bureaucratic red tape.
At a hearing yesterday in Westchester Surrogate’s Court, Justice Anthony Scarpino indicated that peace talks between Astor’s son, Anthony Marshall, and lawyers for the philanthropist’s grandson and favorite charities were at a standstill because of inaction by the state Attorney General’s Office.
“The court has worked hard and the parties have worked hard to try to resolve” the case, “but the attorney general [Andrew Cuomo] has not changed his position. I feel we’re very close and I’m disappointed,” Scarpino told the dozen-plus lawyers gathered before him at the hearing.
The two sides have been battling over which of Astor’s wills should be honored and who should administer her estate. The grande dame of New York society passed away in August at age 105.
Marshall wants the judge to enforce his mother’s 2002 will and amendments, which leave him much more of her cash – and various charities much less – than her earlier wills.
Marshall’s son and Astor’s former court guardians want her 1997 will enforced, arguing that’s the last one she was mentally competent to sign.
The Attorney General’s Office is representing smaller charities to which the big-hearted Astor left bequests, but is refusing to engage in settlement talks with Marshall until Manhattan prosecutors decide whether to indict the former ambassador on charges he defrauded his mother out of money before her death, a knowledgeable source said.
The Manhattan District Attorney’s Office is expected to present evidence to a grand jury soon, but its presentation could take months, a knowledgeable source said.
“The District Attorney’s Office believes that it’s in everyone’s interest that the surrogate’s matter not proceed further until the grand jury process is complete. We agree,” said Jeffrey Lerner of the AG’s Office.
Scarpino said time is money. “The negotiations continue, and that’s disappointing. It’s going to cost the charities a lot of money,” he said.
The judge also said he was astonished at the number of lawyers appearing on the case.
“Is it me or is this group producing children? he quipped.
Scarpino said he would rule “shortly” on whom he will name temporary administrator of the estate: Marshall’s candidate, former state Court of Appeals Judge Howard Levine and the Fiduciary Trust Bank; or his estranged son, Philip’s, candidates, Astor pal Annette de la Renta and the JPMorgan Chase Bank.
De la Renta and Chase were named Astor’s guardians last year after Philip filed a lawsuit charging that his father had been taking shoddy care of Astor while helping himself to her cash.