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Judge chides participants in Astor fight

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JIM FITZGERALD
About 1 pages (269 words)

AP News, October 17th, 2007

The judge overseeing the family fight over Brooke Astor's $198 million estate told lawyers Wednesday that their failure to settle the case will be costly for Astor's favorite charities.

At a hearing in Westchester County Surrogate's Court, Judge Anthony Scarpino said he was "very, very disappointed" that settlement negotiations had halted and urged a resumption of talks.

Lawyers for the Metropolitan Museum of Art, the New York Public Library and other beneficiaries of Astor's wills have pressed for a settlement, warning that drawn-out litigation will bleed money from their bequests.

Scarpino said a failure to settle "is going to cost the charities a lot of money."

At issue, in general, is which of two wills conveys the true intentions of Astor, the philanthropist who died in August at age 105.

Her son, Anthony Marshall, supports a 2002 will and codicils, or additions, which benefit him at the expense of the charities Astor named.

Others, including Astor's grandson, Philip Marshall, contend a 1997 will was the last one she was competent to sign.

The case reflects the family feud that became public last year when Philip Marshall claimed that his father, Anthony Marshall, was enriching himself at the expense of Astor's estate and her health.

When that dispute went to court, a friend of Astor, Annette de la Renta, was appointed her guardian. Scarpino said Wednesday he would rule "shortly" on who will be named temporary administrator of the estate — de la Renta or Anthony Marshall's candidate, former state Court of Appeals Judge Howard Levine.

Anthony Marshall was in court during Wednesday's hearing but declined to talk to reporters.

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JIM FITZGERALD. Judge chides participants in Astor fight. Copyright 2007  AP News.

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