Prolonged Litigation over Astor’s Estate May Leave Little to Charities

Brook Astor, who donated millions of dollars throughout her life to charities, had intended to continue philanthropic activity even after death. However, if litigation over her estate carries on, the bequest designated for charities may be substantially undercut. The dispute in Astor’s family became apparent in 2006, when Astor’s grandson, Philip Marshall, claimed that his father, Anthony Marshall, was taking unfair advantage of Astor and her estate. Now Astor’s friend, Annette de la Renta, is seeking to be appointed as a temporary administrator, while Anthony Marshall seeks to appoint his own temporary administrator of his mother’s estate.

Astor left two contradictory wills dated 1997 and 2002. Under the 2002 will and its codicils charities would receive substantially less than under her 1997 will. Astor designated many of her charitable bequests to come out of the 66 million dollar Vincent Astor Trust. However, according to her wills, it appears that litigation, medical, funeral, and real estate expenses are to come out of this trust as well. Astor’s son is supporting the more favorable to him 2002 will, while Astor’s grandson is siding with Annette de la Renta and charities by supporting the 1997 will. The state attorney general’s office has sent a representative to attend the Surrogate Court proceedings on this case.

See AP, Will family feud consume Astor fortune?, msnbc.msn.com, Oct. 2, 2007.

Special thanks to Amy Chance (2009 J.D. Candidate, Texas Tech University School of Law) for bringing this article to my attention.