Astor Trial Could Affect Will Execution

Aside from directly affecting the lives of Anthony D. Marshall and Francis X. Morissey, Jr., the Astor trial could also affect people making a will by causing attorneys to take extra precaution when ascertaining their testamentary capacity.  This could be especially true if there any doubt regarding a client’s testamentary capacity.

Marshall and Morissey were convicted of tricking Mrs. Brooke Astor into signing an amendment to her will, despite the generally low capacity required to execute a will.  

See John Eligon, In Astor Trial, a Lesson for Estate Lawyers, NY Times, Oct. 25, 2009.

Special thanks to Elizabeth Henderson and  Patrick S. Sylvester (Attorney & Counselor at Law, Sylvester Law Firm, PC) for bringing this article to my attention.