Man Claims to be Son of JFK and Marilyn Monroe

A U.S. District Court in New York recently granted a motion to dismiss a case filed by a man claiming to be the son of John F. Kennedy and Marilyn Monroe.  The facts of the case are as follows:

• The plaintiff, aptly named John Fitzgerald Kennedy, originally sought an order for genetic testing against the trustees of JFK’s will.
• Plaintiff submitted a picture of himself showing a resemblance to Kennedy, which was the sole basis of his claim.
• Plaintiff asserted a breach of fiduciary duty based on his claimed kinship.
• The complaint was amended, seeking an order compelling the trustees to investigate his kinship claim and upon confirmation of such kinship, an inheritance.
• The court first held that the trustees did not owe plaintiff a fiduciary duty under applicable Massachusetts law.
• Under applicable Massachusetts law, “issue” includes only children born during wedlock for trust instruments executed before 1987.
• The court also held that plaintiff’s tort claim for breach of fiduciary duty failed under applicable New York law.
• Under applicable New York law, the rights of individuals with a possible interest in an estate are fixed at the date of death, and out-of-wedlock children did not have an interest in Kennedy’s estate at the date of Kennedy’s death.

See Kennedy v. Trustees, No. 08 Civ. 8889 (S.D.N.Y. June 19, 2009).

Special thanks to Saul Elnadav (attorney, Vishnick, McGovern, Milizio L.L.P.) for bringing this case to my attention.