The distributive scheme of Edward H. Benson established a lifetime trust to provide for the welfare of his wife and himself; he also established a residuary trust from which his wife, if she survived him, was to receive the net income and so much of the principal as thought desirable by the trustee, taking other available income into account. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. Carol F Benson. For one thing, Debbie Benson forbade Margaret Benson from seeing her grandchildren. International encyclopedia of the social and behavioral sciences (2002). Carol Lynn Benson Kendall (Kendall) appeals from the November 27, 1990, order confirming the account in the above-captioned action issued in the Orphans' Court of Lancaster County. https://insideeko.com/carol-lynn-benson-kendall-obituary-d/ insideeko.com Collier County Judge Janeice Martin, a former law partner, said Berrys presence will continue to be felt throughout courtrooms indefinitely. Abcarian: Mask mandates? SC16-1951), until further order, following a Sept. 19 court order. Martin, Carol Lynn, Dinella, L. Gender development: Gender schema theories. From 1981 to 1984, Berry worked in the state attorneys office in Naples before going into private practice. He also solicited a client for loan modification/foreclosure rescue services, and then abandoned the client. We disagree. A lot of it was going toward a new home she was planning to build in Naples. Edward Benson, prior to his death on November 4, 1980, had executed a revocable life insurance trust agreement providing: (1) for his control of the income and principal as long as he lived; (2) at his death, income was to go to his surviving spouse, Margaret; (3) at her death, the principal was to be divided into separate trusts for his then living children, with income and a periodic *585 payment of 2% of the principal going to each child for life; and, (4) at each child's death, the then remaining principal was to go to an appointee of the child or to his or her issue, if any, or otherwise, to the issue of the settlor. At least Steven Benson had a place where he could be his own man, and get away from his mother, known in her hometown of Lancaster, Pa. as "Miss Gucci two-shoes.". The Trustees assertion that Kendall "never had an interest in the principal of Scott's share because now that the factual situation has been determined by the Court, the whole trust should have been divided into two parts" is incorrect. 2002 -Bill Rasmussen, founder of ESPN, pleaded guilty to reduced fraud charges in the failed Stadium Naples golf course arena. The principal piece of evidence in the case -- the virtually indistinguishable Chevrolet wagon -- was moved Wednesday to an undisclosed building closer to the sheriff's office at the County Courthouse, Mills said. McCray subsequently failed to appear in court, failed to communicate with the client, relocated her office to another city and failed to perform services. He received his law degree from Florida State University in 1979. FORT MYERS -- The Bensons of Naples have been portrayed in court testimony as a family of spoiled brats, so greedy and self-centered they barely could stand the sight of one another as they clawed and scratched for the biggest piece of the $10 million family pie. Tom Ford. He is charged with attempted murder in the wounding of his sister, Carol Lynn Benson Randall, 43. He refused to admit his guilt, and a high-profile trial ensued. And it would have "that million-dollar look" Margaret Benson craved, Kerr testified. Financial records soon made it obvious that he was continually taking money from his mother, using it to start a variety of businesses that would quickly go bankrupt. "I can't say he tried to buy friends, but he threw a lot of money around. Perhaps he owed someone money, or was selling drugs himself, or maybe he had seen something he wasn't meant to see. Advertisement. In re Pew's Estate, 411 Pa. 96, 191 A.2d 399 (1963). A Florida jury found Benson guilty Aug. 7 of exploding two car bombs in the family's station wagon on July 9, 1985, outside their Naples, Fla., home. To my knowledge, Scott never confronted his mother with the question. No matter that testimony suggested he may have embezzled the money from his mother to pay for the luxuries, and that his mother was jealous that he had a pool and tennis courts when she did not. Los Angeles, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, High school basketball: Southern California and Northern California Regional results and updated pairings, Long-lost ship found at the bottom of Lake Huron, confirming story of tragic collision, TikTok to set default daily time limit of 60 minutes for minors, TikTok faces bans in a number of countries over security fears. I guess people just exhibited good taste, he said. "Her kids were spoiled," McCormick said. SEARCH. You are nearing the transfer limit for memorials managed by Find a Grave. Summary of Contents for Craftsman 358.341000. Berry taught classes and presided over the Inns of Court, a non-partisan organization promoting professionalism. The toxicology report came back negative. Steven was a match and on the receipt, a partial thumbprint was discovered. You can explore additional available newsletters here. unless there's something we don't know about.". Benson was transferred at least 22 times while serving his sentence behind bars in Florida state jails. Or the whole family? The new one would have a better view. 2011- Robert Hamberg, Gulf Coast High School band director, convicted on eight counts of lewd and lascivious sexual battery of a minor under16. He would talk to people about making a difference in their lives.. He was born in 1951 in Baltimore. But it turned out that Steven's Benson's home was not necessarily his castle. Though he reportedly told some friends he was a tennis pro, ranked 60th in the world, Benson is not rated by the Association of Tennis Professionals. THE FLORIDA BAR v. CAROL LYNN BENSON KENDALL. Benson was sentenced to life in prison. Steven Wayne Benson was an American double murderer of his mother, tobacco heiress Margaret Benson, and his brother, tennis player Scott Benson. 2010 - Sterlin F. Misener Jr. sentenced to four years probation after he shot and killed a teenage intruder at his home. The disputed paragraphs of the trust instrument provide: Turning now to the facts of this case: The settlor's youngest son Scott was killed at the same time as his mother. He was always prepared. -- Scott Benson's natural mother and Margaret Benson's daughter -- got along better with her mother. Tobacco heiress Carol Lynn Benson Kendall, who survived a car bombing that killed her mother and her supposedly adopted brother, has said under . Status: Suspended Licensed: 20 years 954-789-0834 Profile LAWPOINTS 24 / 100 Margaret suspected Steven was embezzling from her and had been preparing to cut him off financially. His youngest grandchild, Harrison, was too young for the trip. The Collier County Bar Association awarded him its Medal of Honor. Respondent shall pay restitution in the amount of $1,075.00 to D'Mitri Reneau under the terms and conditions set forth in the report. In re Edward H. BENSON, Settlor to Meridian Trust Company Substitute for American Bank and Trust Co. of Pa. 229, 498 A.2d 374 (1985); Estate of Gilbert, 342 Pa.Super. Investigators also found on Benson's pants a single particle of zinc, which they said fell off the galvanized pipe while he was making the bombs. He attended Caseys basketball games at the University of the South where he was a starting player; he arrived at the Nashville hospital when his granddaughter was born, wearing the same trousers and tie worn earlier to his office. 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Scott's share was put in escrow by the trustees, while they awaited the outcome of a paternity action to determine whether Scott had any surviving heirs. Hollywood, Florida, United States We affirm. He was certainly no stranger to jailhouse violence, reportedly Benson was stabbed by another inmate in 1991. (Admitted to practice: 2002) Further, Kendall shall. It is, of course, well-settled that we may affirm the order of the trial court on appeal where it is correct on any legal ground or *590 theory, regardless of the reason relied upon by the trial court. "Scott was a very nice kid," he said. The filing of a motion for rehearing shall not alter the effective date of this disbarment. The uncontested report of the referee is approved and respondent is disbarred. Here is a mug shot of Steven Benson taken while he was in prison. SC17-348), for 91 days, effective retroactive to Oct. 13, following an Oct. 26 court order. From these equal trusts, once established, the children of the settlor during their lifetime were to receive the net income and an amount equal to 2% of the principal, to be determined at the formation of the individual trusts, quarterly. Moments before the two bombs went off, Benson walked away from the vehicle to fetch something from the house. Kendall has properly argued that technically the trustees have breached the terms of the trust instrument by creating a "share" for Scott that was not a trust. The justice system in Southwest Florida will surely miss him, Batten said. The trust instrument directs that a trust be established "for each child then living or then dead." Margaret Benson and Scott Benson were murdered by Steven Benson who was subsequently convicted of their murders in a criminal trial in which Judge Hayes also presided. Upon the death of a surviving child of the settlor, the remaining principal was to be paid to his appointees, his then living descendants per stirpes, to the settlor's then living descendants per stirpes, or to the settlor's intestate heirs as provided under the laws of this Commonwealth. "I could never forgive Steven for what he did, no, the anonymous relative confirmed to producers. Kendall is the beneficiary of such a trust, hence the principal due to her from Scott's trust is added to her trust. Hence the portion of Scott's trust that accrues to her must be treated as part of her own principal, to be held in trust rather than to be paid to her outright. Investigators -- including ATF explosive experts called in from Washington, D.C. and Atlanta -- were attempting to determine how and where the bombs were placed in the wagon. She married Herbert Kendall on July 1, 1968 in Sioux Falls, South Dakota. Icicidirect. It was also a match for Steven. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Berry inspired many young people to pursue legal careers. You can call his/her phone number or get in touch with him/her via email. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. This is the second suspension in two years . But Kendall, who was injured seriously in the explosion, apparently had to, according to the testimony of bookkeeper Dorothy McCormick. Special prosecutors agreed to drop a corruption charge in exchange for his testimony against former Collier County Commissioner John Norris and others. Aside from practicing his favorite sport for hours on end, the handsome, dark-haired Benson tooled around the resort town in one of several sports cars -- including a fire-engine red Lotus, a Porsche 928 and a pair of Datzun 280Zs, according to friends and acquaintainces. It wasnt discussed. He was generous with his time and would always offer insights on legal matters when asked. He was trying to get his hands on the $10 million family fortune from the Lancaster Leaf Tobacco Co. Steven Benson was already spending large amounts of money from the family funds and his mother was planning to talk with him about it on the day she died, the trial revealed. 2023 www.dispatch.com. Mrs. Benson was the widow of Edward H. Benson, a chairman of the Lancaster Leaf Tobacco Co., of Lancaster, Pa., who died in 1980. Once it was determined that Scott had died without issue, the *587 trustees returned the escrow amount in the event Scott had surviving heirs and the accumulated interest to the settlor's trust for distribution to the trusts established for the settlor's two surviving children. The trust instrument requires the trust portion of a deceased child to be paid into the trust of a living descendant of the settlor, if such descendant is the beneficiary of a trust under the trust instrument. An aerial shot of the home is shown in the background. Florida authorities have charged Steven Benson, Kendalls 34-year-old natural brother, with setting the blast outside the familys Naples, Fla., home because he believed he was about to be cut out of his mothers will. Select this result to view Carol Elizabeth Benson's phone number, address, and more. following a Sept. 14 court order. His trial attracted national attention and spurred television specials and books. THE FLORIDA BAR Complainant(s) v. CAROL LYNN BENSON KENDALL Respondent(s). SEARCH. Caroline agreed to speak with the police. Carol Kendall currently lives in Hollywood, FL; in the past Carol has also lived in Norfolk VA. Other names that Carol uses includes Carol Lyn Falkiner, Carol Lynn Benson, Carol Lynn Benson-kendall, Carol Lynn Falkiner and Carol Lynn Kendall. 358.341000 - 14 in. Steven, meanwhile, seemed to be in a state of shock after the blast and having lost his family, so investigators didn't want to push him too hard. 2014 -Charles Bullock, Collier County Sheriff's Office deputy, accused in 2010 of molesting a 15-year-old boy at Coastland Center mall. Elton John. "He was one of the most promising students in the area. Carol Lynn Benson Kendall, Appellant/Petitioner, v. Marjorie Starnes, As Guardian of the Property for the Minor Children of Steven W. Benson, and Steven W. Benson, Appellees/Respondents. Berry nevertheless was respected by the government he went up against. Benson's sister, Carol Lynn Kendall, then 40, also was sitting in the SUV when the bombs went off. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Contact us. And what she had to tell them was massive. Moreover, courts cannot rewrite a settlor's deed of trust or distort his language or the language of a statute in order to attain what is believed to be beneficial or wise or even what it is believed that the settlor would or should have provided if he possessed a knowledge of all presently existing circumstances. He was 63, the same age his mother was when he killed her. In addition, we may not discard carefully worded language in a trust instrument as meaningless surplusage in construing the trust. The medical examiner's office declined to comment on the report or explain if the wounds noted in the report were fresh or from another incident. There, in the circular drive off White Violet Way in North Naples, crime- scene experts Wednesday continued attempts to piece together clues and determine a motive for the baffling car-bomb murder of millionaire heiress Margaret Benson and her 21-year-old son, Scott. More:Naples Winter Wine Festival: How much did these 50 auction lots go for? Steven Benson was taken into police custody Aug. 22, 1985, after being accused of blowing up his family in a Chevy Suburban in the driveway of their Naples, Fla., home July 9 of the same year. He failed to respond to an official Bar inquiry. Instead, Benson planted the bombs, prosecutors said. The firm reportedly installed burglar alarms and security systems in some of the homes in the neighborhood. This appeal followed. Click here to learn more about the role the Lancaster County Local Journalism Fund plays in Lancaster County and to make a tax-deductible donation. That girl later filed a paternity suit against him. BENNINGTONCarol Lynn Benson Bennington, age 52, of Milford, OH, passed away on Saturday, August 15, 2015 at Hospice of Cincinnati in Blue Ash. Carol Lynn Benson Kendall, a former Naples City Council candidate, is now a lawyer in Broward County focusing on family law and real estate. Warmer storms could cause problems, Jaguars, narcos, illegal loggers: One mans battle to save a jungle and Maya ruins, U.S. State Department warns to avoid parts of Mexico over ongoing violence, kidnappings, Prosecution presents closing arguments in Alex Murdaugh murder trial, Intelligence agencies say theres no sign U.S. adversaries were behind Havana syndrome, Spain approves menstrual leave, teen abortion and trans laws. Prosecutors said Benson left his mother's home on the morning of the explosion, allegedly to get coffee and doughnuts. She passed away on October 23, 2019 at Madonna Towers in Rochester. Carol Lynn Kendall testifies during the trial of her brother, Steven Benson, during his 1986 trial. It was Dad (at gatherings) who would rough house getting all the kids wound up.. I was always impressed with his ability, Naples criminal defense attorney Lee Hollander said. His motive for luring his mother and siblings into the car was to inherit his mother's money. Trust Instrument, dated 9/30/80 at 5. In one instance, she took little or no significant action and failed to keep the client properly informed or return calls. They confirmed someone had bought that end cap type days before the explosion, and staff provided police with both a description of the person and a receipt. Words contained in a deed of trust are to be interpreted according to their usual and generally accepted meaning in the absence of a clear intention to the contrary. "This was very unlike Naples, so it made people suspicious," Todd Kolzman, a retired Miami Herald crime reporter, explained to producers of the mood at the time. At one time we were the largest criminal defense firm in the state, Day said. Steven Benson died in 2015 of stab wounds in prison. (Case No. Kathy Lynn Benson age 63. The trustees, however, maintain that according to the settlor's wishes, as expressed in the provisions of the trust instrument, no child of the settlor had any right to the remaining principal, except upon application to the trustees. Later in his career, Berry was board chair for the Florida Innocence Project where he advocated tirelessly for the freedom of the wrongly imprisoned. Carol also answers to Carol L Bensn and Carol Lynn Benson, and perhaps a couple of other names. "I could never forgive Steven for what he did, no," the anonymous relative confirmed to producers. She practiced law while a suspended and delinquent member of the Bar. SC17-1632), effective 30 days from a Sept. 14 court order. But for the most part, the man other prisoners in the Collier County Jail call "Boom Boom" kept it all inside. Published on May 2, 2018 09:30 AM. Margaret Benson was 63 when she died in the blast. Cases ranging from a school bus driver accused of indecent exposure to a mentally unstable father chargedwith first-degree murder in the shooting death of his 9-year-old daughter, Jerry was always well prepared and gave a 100% effortin the defense of the sometimes seemingly indefensible, Husty said. . TALLAHASSEE, Fla. (WFLA) Two Tampa Bay area attorneys are among 11 attorneys who were recently suspended, reprimanded, or had their licenses revoked by the Florida Supreme Court in recent court orders. 1. The scheme provided that at the death of each child, "the remaining principal of his or her trust shall be paid, in descending order, to: (1) as he or she may appoint by will, (2) to his or her descendents, per stirpes, (3) the settlor's then living descendants, per stirpes, or (4) the settlor's intestate heirs." Car was to inherit his mother 's home was not necessarily his castle Day.. Mother was when he killed her ca n't say he tried to friends! 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Sheriff 's office deputy, accused in 2010 of molesting a 15-year-old at! Practice: 2002 ) further, Kendall shall got along better with mother... Effective retroactive to Oct. 13, following an Oct. 26 court order a.
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