(Admitted to practice: 1997) Smitten pleaded guilty in court and was adjudicated guilty of grand theft, a felony. SC17-960), effective immediately, following a Sept. 14 court order. However, police were still missing physical evidence to tie him into the explosion, so they turned their attention to tracing where the materials for the two pipe bombs that destroyed the car. In re Edward H. BENSON, Settlor to Meridian Trust Company Substitute for American Bank and Trust Co. of Pa. She and her son, Vaughan said, spend a great deal of time at the club. It was Dad (at gatherings) who would rough house getting all the kids wound up.. Sentenced to 30 years on a potential 60-year sentence. A jury deliberated just 12 hours before finding Benson guilty but spared him from the death penalty. Berry nevertheless was respected by the government he went up against. (Admitted to practice: 1998) Further, Leacock shall pay, of $300 to a personal representative for an estate. Margaret Hitchcock Benson, 63, and Scott Benson, 21, were in a Chevrolet Suburban in the family's driveway when a pipe bomb between the front seats exploded. Carol Lynn Benson Kendall is 42 years old. Get free summaries of new Pennsylvania Superior Court opinions delivered to your inbox! January. Instead, Benson planted the bombs, prosecutors said. Attorneys representing Steven Benson, 36, and Margaret Benson's daughter, Carol Lynn Benson Kendall, 43, said they both probably will appeal Monday's ruling. She also gave him his own condominium at the age of 15 and let him bring a 13-year-old girlfriend for overnight visits. Margaret and Scott were killed instantly, while Caroline was rushed to the hospital with severe burn injuries. Brock University is a comprehensive institution with rich academic programs and world-class research activity. Benson died at Taylor Correctional Institution in Perry, Florida of a stab wound to the head with a homemade knife on July 3, 2015. The autopsy found evidence of wounds at the time his body was examined, as well, included healing contusions on his chest, forearms, right hand, right thigh, right shin and foot. Berry turned over the case to defense attorney Mike Hopkins after his cancer diagnosis. While his sister was attending college at the age of 41 and his adoptive brother was playing tennis, chasing girls, taking drugs and driving fancy cars, Steven Benson was running a family business and failing miserably at it. 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. The underlying facts of this case may be summarized as follows: In November 1980, Edward H. Benson died survived by his wife, Margaret H. Benson, and three children: Steven W. Benson, Scott R. Benson and Kendall. Heres a list, Rescuers comb wreckage of Greeces deadliest train crash, Ohios U.S. senators to unveil rail safety bill in wake of East Palestine derailment. (Admitted to practice: 1996) Days after a womans son suffered a traumatic brain injury as a result of a motor vehicle accident, Dopazo approached the woman at a hospital and successfully solicited her to become his client. Notwithstanding that she had been advised by both the trustees and the court that she could not disclaim the principal, Kendall, appearing pro se, filed exceptions to the First and Final Account and the Adjudication of the Scott R. Benson Trust, arguing that she had validly disclaimed her one-half interest in the Scott R. Benson trust in favor of her sons. Appeal of Kurt Ross KENDALL, Travis Edward Kendall, and Carol Lynn Benson Kendall, Appellants. 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. Error! He sold his plasma to a medical school. "Scott was a very nice kid," he said. Perhaps he owed someone money, or was selling drugs himself, or maybe he had seen something he wasn't meant to see. However, in the mid-1980s, a car of the wealthy Benson family caught fire, and this illusion of happiness was disillusioned. In July 2015, he died in prison after a fellow inmate stabbed him in the head, Lancaster Online reported at the time. This material may not be published, broadcast, rewritten, or redistributed. SEARCH. He left his wife and children an estate estimated at $400 million. Berry taught classes and presided over the Inns of Court, a non-partisan organization promoting professionalism. "You'd figure nothing like that would ever happen out there," said Floyd Bleiweiss, an electrical contractor scheduled to do repair work today on a faulty steam bath in the Benson's home. Who was Scott Benson's mother? Pleaded no contest in exchange for two years probation and surrendered his law enforcement certificate. In re Ferguson, 354 Pa. 367, 47 A.2d 245, 165 A.L.R. 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. While attending UF and later FSU, he played rugby for the traveling clubs. Florida law enforcement officials have provided few details about Bensons death nine months ago, on July 3. The mangled Benson family Chevy Suburban that Steven Benson exploded with a pipe-bomb in front of his family's Naples, Fla., home, killing his mother and nephew and injuring of his sister. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Copyright 2023, Thomson Reuters. The Collier County Bar Association awarded him its Medal of Honor. They lived in the same apartment complex and met when her mother, an elementary school teacher, was walking her dog. While his lawyers were good, Carolyn's testimony on the stand shredded his defense, as she spoke of his odd behavior and refusal to come to her aid when she was on fire. The Florida Association of Criminal Defense Lawyers dedicated its Tallahassee headquarters to him, renaming it The Berry Building.. Carol Lynn Benson Kendall Death, Obituary pending- Carol Lynn Benson Kendall has reportedly passed away unexpectedly and suddenly. Carl T. Work, Reading, for Meridan Trust Co., participating party. With nearly 600 full-time faculty members and researchers, Brock offers more than 70 undergraduate programs and 50 . Jerry was one of the most compassionate and empathetic people I have ever met, Circuit Court Judge Shannon McFee said. He received his law degree from Florida State University in 1979. The Bar later discovered he had relocated to North Carolina and failed to update his address. You are nearing the transfer limit for memorials managed by Find a Grave. Like her mother, Kendall on at least one occasion found herself the victim of Scott Benson's violent behavior. Contrary to the argument of the trustees, the settlor provided a scheme of distribution that treated all of his children equally when all of his children were alive and equally when all of his children were dead. According to testimony, she gave Scott Benson $250,000 in cash and gifts, including two cars, a van and a boat, in two years. two life sentences for killing his tobacco heiress mother. SC16-1951), until further order, following a Sept. 19 court order. Consequently, the beneficiaries, of which Kendall was one, could not assign or appoint nominees to receive that principal. reported at the time. SC17-1337). The legal battles were important, but they were only part of the picture, and Jerry pushed us to keep the whole picture in mind at all times, Martin said. He was also found guilty of the attempted murder of his sister, 42-year-old Carol Lynn Benson Kendall, of Brookline, Mass., who suffered disfiguring injuries in the blast. Then a tabloid scandal erupted when it was revealed that Scott was actually Caroline's son she had secretly given birth and let her parents raise him as their adopted child. According to The Florida Bar, court orders are not final until time expires to file a rehearing motion and, if filed, determined. Heres how you can find public attorney discipline information. Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. Prosecutors at the trial said Benson's motive was greed. 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. Carol Lynn Kendall testifies during the trial of her brother, Steven Benson, during his 1986 trial. Learn more about FindLaws newsletters, including our terms of use and privacy policy. She escaped from the vehicle, and as she rolled around on the grass trying to extinguish the flames that were engulfing her, she says that she saw Steven watching her. Even if it meant missing an event to accept an award, and there were many awards, McFee said. Why are we still having these debates? . Required fields are marked *. 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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. McFee said it was Berrys idea they only do criminal cases, which was unheard of but worked. 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. SEARCH. Last week, after deliberating 11 1/2 hours on testimony heard during a four- week trial, a jury in nearby Fort Myers found her son Steven Benson, 35, Using his knowledge of electronics and previous experience building pipe bombs for fun, prosecutors contend, the family peacemaker planted and set off the bombs that would bring him the peace that his family would not allow him while they were alive. Scott Benson repaid Margaret Benson by suing her -- claiming that when she tried to put him on a budget, no matter how generous, she was cheating him out of his rightful due -- and by pushing her to the floor on one occasion and shaking her violently on another, according to testimony. 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. he asked in the report. Berry used Floridas 2005 Stand Your Ground Law. 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. 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." Benson's sister, Carol Lynn Kendall, then 40, also was sitting in the SUV when the bombs went off. A break in the investigation came, though, when police spoke with Steven's high school friends. The terms of the trust instrument provide "[a]t each child's death (or at the time for the setting apart of shares in the case of a child who dies before that time), any then remaining principal shall be paid," (in default of the power of appointment and with no descendants surviving Scott), to the then living descendants of the settlor, per stirpes, with the proviso that "(any portion thus accruing to a child for whom principal is then held in trust hereunder to be added to and treated as a part of such principal)." NAPLES A woman has lost a battle to prove her daughter was fathered by Scott Benson, who died when the family's van was bombed by his brother. SC17-57), administered by the Board of Governors of The Florida Bar, following a Sept. 14 court order. Jerry Berry, a criminal defense attorney who took on many of the highest profile cases but never sought the limelight, died Jan. 31. Sign up forOxygen Insiderfor all the best true crime content. On July 9, 1985, Benson placed a car bomb on the family car, in which Margaret, Scott, and Steven's sister, Carol Lynn Benson Kendall (a former Miss Florida runner-up), were waiting for Benson to join them in the vehicle when the Chevrolet Suburban exploded. Despite (his cancer) treatment, we were able to make some memories, Taylor Berry said. Why would anyone want to hurt my family?" Collier County Judge Janeice Martin, a former law partner, said Berrys presence will continue to be felt throughout courtrooms indefinitely. BENNINGTONCarol Lynn Benson Bennington, age 52, of Milford, OH, passed away on Saturday, August 15, 2015 at Hospice of Cincinnati in Blue Ash. You may occasionally receive promotional content from the Los Angeles Times. He was generous with his time and would always offer insights on legal matters when asked. Kathy Lynn Benson age 63. She passed away on October 23, 2019 at Madonna Towers in Rochester. Models (including Marilyn Chambers) shot by Richard Fegley, and Playmate Review of 1975. The murder occurred at the Benson's Florida home in Naples. The Florida Bar released the following information about the local attorneys who were disciplined . And what she had to tell them was massive. 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. It wasnt discussed. Before JOHNSON, FORD ELLIOTT and HOFFMAN, JJ. She was badly injured in the blast but survived. Id. Membership fees: A reported $22,000. Two more Benson books are due out in June. 2. https://insideeko.com/carol-lynn-benson-kendall-obituary-d/ insideeko.com -- Scott Benson's natural mother and Margaret Benson's daughter -- got along better with her mother. Born in Miami in 1954, Berry received in bachelors degree in political science from the University of Florida in 1976 where he graduated magna cum laude and Phi Beta Kappa. You're all set! He played golf every Sunday, initially belonging to Grey Oaks Country Club before joining Hideout Golf Club. (Admitted to practice: 2013) Venakides was retained to handle a dissolution of marriage, but after filing the petition, he ceased communication with the client. (Case Nos. Oct. 4, 1985 12 AM PT. Collier County's most notorious killer himself met with a violent end. "I couldnt imagine anyone that would want to hurt them. Oxygen Insider is your all-access pass to never-before-seen content, free digital evidence kits, and much more. (He) never sought out publicity in his cases. Everyone, no matter the criminal charge, deserved to have someone stand with them in the court room and fight for them, McFee, a former law partner, said. BOSTON (AP) _ Tobacco heiress Carol Lynn Benson Kendall, who survived a car bombing that killed her mother and adopted brother, has said under oath that the dead young man was actually her son, her attorney said today. Benson, now 53, is serving two life sentences in a Florida prison for killing his mother and brother, and trying to kill his sister. Curtis Mills declined to speculate on a possible motive for the car bombing. Check Kathy Lynn Benson more contact info for free. Kathy Lynn Benson phone number is (818) 321-8523. He failed to respond to an official Bar inquiry. The car reportedly exploded in two separate blasts spaced about a half-minute apart, hurling debris some 200 yards and seriously injuring Mrs. Benson's daughter, Carol Lynn Benson, 40, of Boston, who was seated in the left rear seat. Jerry was a longtime friend who served us exceptionally well as a prosecutor and attorney, always for the good of our community and he will be missed, Collier County Sheriff Kevin Rambosk said. To my knowledge, Scott never confronted his mother with the question. 358.341000 - 14 in. They have also lived in Mound, MN and Shakopee, MN. Access innovative tools, leverage advanced methods for marketing and stay on top of current trends from the National Association of REALTORS. Check out never-before-seen content, free digital evidence kits, and much more! The trustees contend that the disclaimer filed by Kendall was effective only with respect to the income and the periodic payments from Scott's share but ineffective with regard to Scott's principal. He retired last year from a remarkable 43-year career that included early years as a prosecutor. Get an all-access pass to never-before-seen content, free digital evidence kits, and much more! SEARCH. 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. He is charged with attempted murder in the wounding of his sister, Carol Lynn Benson Randall, 43. We disagree. Tobacco heiress Carol Lynn Benson Kendall, who survived a car bombing that killed her mother and her supposedly adopted brother, has said under oath that the dead young man was actually her son, her attorney said today. An aerial shot of the home is shown in the background. He also solicited a client for loan modification/foreclosure rescue services, and then abandoned the client. The photo at left shows Steven Benson at his 1986 trial; the one at right is the most recent photo of him from the Florida Department of Corrections. District Court of Appeal of Florida, Second District. Carol Lynn Benson Kendall photos, including production stills, premiere photos and other event photos, publicity photos, behind-the-scenes, and more. memorial page for Margaret Virginia Hitchcock Benson (6 Jan 1922-9 Jul 1985), Find a Grave Memorial ID 81623836, citing Woodward Hill Cemetery, Lancaster . He returned, telling his family members where to sit so they would be closest to the explosives he planted. He was diagnosed with cancer in October 2021. It is patent that the paternity claimant would have succeeded to Scott's trust. McCray was not familiar with probate cases; nevertheless she accepted a retainer to handle one in September 2014, for a client who was also a family friend. It includes two 18-hole championship golf courses, tennis courts and a stately clubhouse. Cirace said the rumors were never confirmed until Steven Bensons lawyers questioned Kendall about it, to test her credibility. 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