Philanthropist's Son Denies Stealing Millions From Estate

NEW YORK, Nov. 27 -- The son of New York philanthropist Brooke Astor pleaded not guilty on Tuesday to charges of plundering his mother's $200 million estate.

Anthony D. Marshall, 83, a former Broadway producer and diplomat, was arraigned in Manhattan Criminal Court on charges including grand larceny, possession of stolen property, forgery and conspiracy against the estate of his mother, who suffered from Alzheimer's disease.

Marshall's former lawyer, Francis X. Morrissey Jr., was also indicted. His lawyer said Morrissey was traveling but would appear in court for his arraignment Wednesday or Thursday.

At a news conference Tuesday to announce the indictments, District Attorney Robert M. Morgenthau said that Marshall and Morrissey "took advantage of Astor's diminished mental capacity in a scheme to defraud her and others out of millions of dollars."

"The motive was greed," Assistant District Attorney Daniel J. Castleman said.

Marshall's lawyer, Kenneth E. Warner, said he is confident his client will be exonerated, adding that Marshall "faithfully and effectively" managed his mother's affairs for more than 25 years and increased the value of her investments.

"Brooke Astor loved Tony, her only child, and whatever he received was in accordance with her wishes," Warner said in a statement.

Astor died in August at age 105. As far back as 2001, she suffered from Alzheimer's and had limited ability to understand complex issues, according to the indictment.

The indictment charges that in January 2004, Marshall and Morrissey conspired to fire Astor's longtime attorney and hire a new one. According to the charges, they had Astor sign an amendment to her 2002 will, changing her plan to provide a $60 million trust for charity and granting it to Marshall instead.

In March 2004, according to the indictment, another amendment was added to Astor's will, directing that her real property should be sold upon her death, which would result in higher executor's fees for her son and Morrissey. The indictment charges that her signature on the amendment was forged.

The indictment also charges that Marshall falsely informed his mother that she was running out of money and induced her to sell a favorite painting, "Up the Avenue from Thirty-Fourth Street, May 1917," by American impressionist Childe Hassam, and took a $2 million commission on the $10 million sale.

Marshall is also accused of stealing from his mother money and works of art, including one by the 18th-century Italian artist Giovanni Domenico Tiepolo.