NY socialite's son on trial for stealing fortune

NEW YORK (Reuters) - The heir to one of America's great family fortunes stole millions of dollars from his mother, socialite Brooke Astor, taking money earmarked for charity to enrich his third wife, prosecutors said on Monday.

In an opening statement at the trial of Astor's son Anthony Marshall and his lawyer Francis Morrissey, prosecutor Elizabeth Loewy said the men took advantage of Astor's diminished mental state to siphon away money promised to the Metropolitan Museum of Art and the New York Public Library.

Astor, who died of pneumonia in August at age 105, was the heir to a tremendous family fortune and a philanthropist who was a fixture on the city's social scene for decades.

Astor had married Vincent Astor, heir to the real estate fortune of John Jacob Astor. She inherited about $60 million, which grew to hundreds of millions, allowing her to donate some $195 million to libraries, museums and charitable groups.

In amendments to Astor's will, which Astor signed after she began suffering from Alzheimer's Disease, Marshall, 84, was given tens of millions of dollars, valuable real estate and millions of dollars in estate fees, Loewy said.

"This case is about greed," Loewy told jurors at New York State Supreme Court. "Both of these men took advantage of Mrs. Astor, when she was 102 and suffering from Alzheimer's, to increase their own wealth at Mrs. Astor's expense and at the expense of charity."

Until 2002, Astor's wills had set aside more than $60 million dollars for her favorite charities, and another $60 million for Marshall, though the bulk of that money was destined for charities of Marshall's choosing upon his death, Loewy said.

No money was set aside for Marshall's third wife, Charlene Marshall. Loewy said his motivation for stealing from his mother was a "preoccupation for getting money for Charlene."

Anthony Marshall is charged with grand larceny, criminal possession of stolen property and falsifying business reports. Charges against Morrissey include scheming to defraud Astor and forgery. Charlene Marshall is not charged with any crime.

In Astor's last years a court ordered her care be taken away from Marshall after he was accused by his son of keeping her in squalid conditions. Marshall denied the accusations.

Guardianship of Astor was given to her friend Annette de la Renta, wife of fashion designer Oscar de la Renta.

Lawyers for Marshall, a Broadway producer, and Morrissey, an estate lawyer, will give their opening statements on Tuesday morning. Witnesses will include journalist Barbara Walters and former Secretary of State Henry Kissinger, Loewy said.

(Editing by Michelle Nichols and Vicki Allen)