Astor estate proceedings neither over nor forgotten
Lou Ann Anderson
Dec. 2, 2009
www.EstateofDenial.com

The Oct. 8 criminal convictions for both Anthony Marshall and estate attorney Francis Morrissey ended the five month trial which entered on charges that the pair conspired to loot assets from the estate of New York socialite and philanthropist Brooke Astor, also Marshall’s mother, but actions related to the Astor estate are far from over.

In preparation for his Dec. 21 sentencing, the New York Post is “exclusively” reporting that Anthony Marshall, in hopes of avoiding jail time, will file a motion asking the trial judge to dismiss his first-degree grand larceny charge, the only charge for which he was convicted that has a mandatory jail sentence.  The Post characterizes the 85-year-old Marshall’s effort as:

Like the guy who kills his parents and then begs for leniency because he’s an orphan, Brooke Astor’s swindling son will try to dodge a mandatory year in prison by asking this week that the judge toss the top conviction against him — in consideration of  his good deeds “managing” her finances.

According to two sources close to the case, Anthony Marshall will file a motion asking the trial judge to dismiss the first-degree grand-larceny charge — the sole charge carrying a mandatory jail sentence — in hopes of staying out of prison entirely.

The papers will ask Manhattan Supreme Court Judge Kirke Bartley to show mercy in considering Marshall’s conviction for awarding himself a $1.4 million retroactive pay increase out of Astor’s funds. The reason? His fine work in handling her accounts.

On another front, proceedings to discuss probating Astor assets are also scheduled.  The Art Newspaper reports that proceedings for the distribution of the Astor estate are moving forward as representatives of the Metropolitan Museum of Art will appear Dec. 7 before Justice Anthony Scarpino, Jr of the Westchester County Surrogate’s Court in White Plains, New York.

The Newspaper says:

It will be up to Justice Scarpino to decide which document was Mrs Astor’s last valid will, which depends on his determination as to when she last had the requisite mental capacity to make or change a will.

The New York Public Library is also anticipated to ultimately be another major recipient of Astor money.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture.  She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation.  Lou Ann may be contacted at info@EstateofDenial.com.