Socialite Astor's son charged with swindling her estate

Allegedly falsified records, exploited her Alzheimer's

Anthony D. Marshall (center), son of philanthropist Brooke Astor, surrendered yesterday at Manhattan Supreme Court. He is accused of swindling his mother's estate out of millions. (Louis Lanzano/Associated Press)

NEW YORK - The son of the late philanthropist and Manhattan socialite Brooke Astor was charged yesterday with taking advantage of her diminished mental state to swindle her estate out of millions of dollars.

Anthony D. Marshall, a former diplomat and Tony Award- winning producer, faces multiple charges, including falsifying records, scheming to defraud, and grand larceny, according to the indictment. If convicted, Marshall, 83, could spend the rest of his life in prison.

"As her financial adviser and her attorney, he was supposed to always act in her interest, and it was clear that he was not acting in her interest," District Attorney Robert Morgenthau said during a news conference.

Marshall's former attorney, Francis X. Morrissey Jr., has been charged with participating in forging a signature on Astor's will.

Marshall surrendered to Manhattan Supreme Court yesterday; Morrissey was out of town and was expected to be arraigned later in the week.

Marshall's current lawyer, Kenneth E. Warner, said in a statement that his client "faithfully and effectively managed his mother's affairs for more than 25 years, increasing the value of her investments from $19 million to $82 million. Brooke Astor loved Tony, her only child, and whatever he received was in accordance with her wishes."

The indictment alleges that Marshall and Morrissey conspired to have Astor sign a revised will, leaving most of her $198 million fortune to him. It also states that Astor's signature on that will was forged to transfer money from some of her favorite charities into Marshall's control.

Marshall persuaded Astor to sell one of her beloved paintings, "Up the Avenue from Thirty-Fourth Street, May 1917," by Childe Hassam, according to the indictment, by falsely telling her that she was running out of money. Instead of auctioning the painting, the indictment said, Marshall sold it through a private gallery for $10 million, pocketing $2 million.

Astor, who had Alzheimer's disease, died in August of pneumonia at age 105. A prominent figure within Manhattan high society, she donated nearly $200 million to city institutions, including the New York Public Library, Central Park, Carnegie Hall, the Bronx Zoo, the Museum of Natural History, and the Metropolitan Museum of Art, and to such causes as homelessness and education.

Astor's final years were marred by tabloid reports that she had been denied medical care and forced to sleep in her squalid, urine-stained Park Avenue residence. Her grandson, Philip Marshall, 54, accused his father of mistreating her and trying to steal from her, prompting a criminal investigation last year.

In July 2006, a Manhattan Supreme Court judge removed Anthony Marshall as Astor's legal caretaker. Annette de la Renta, wife of fashion designer Oscar de la Renta, took his place.

In December, a judge said the claims of elder abuse were unsubstantiated.

After Astor died, de la Renta and the JPMorgan Chase bank filed court papers suggesting her will was not legitimate and accusing Marshall of misusing $18 million of her fortune.

"Just as the original claims of 'elder abuse' were found to have no basis," Warner said in his statement, "we're confident that, once all the facts are known, Mr. Marshall will be exonerated."