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The trustees assert that Kendall's claim arises from two fundamental misconceptions: (1) that Scott's share was and remains a separate independent trust, and (2) that she is *586 entitled to one-half the principal of Scott's share outright. Although his mother had been generous with him, he felt jealous that she gave more to Scott Benson, according to testimony. The toxicology report came back negative. Kathy Lynn Benson of Valley . It includes two 18-hole championship golf courses, tennis courts and a stately clubhouse. 2005 Alex Lifeson, lead guitarist for the rock band Rush, arrested New Year Eve in 2004 at Naples Ritz-Carlton after drunken skirmish with sheriffs deputies. Carol is related to Richard David Benson and Jackie Ann Benson as well as 3 additional people. Benson's sister, Carol Lynn Kendall, then 40, also was sitting in the SUV when the bombs went off. He was diagnosed with cancer in October 2021. . The Benson family made their millions from tobacco Margaret Benson was the daughter of Universal Leaf owner Harry Hitchcock, who was estimated to be worth over $100 million dollars. The Bensons, who moved to Naples from Lancaster in 1980 or 1981, purchased the 3-bedroom, 2 1/2-bath home about 18 months ago, said Michelle Bissett, an employee of Foster Lechler Co., a Naples construction firm that built the house near the third tee of the private Quail Creek Country Club. 2. We had to preserve the scene because it was quite a large explosion. When his two children were growing up, Berry focused on their education, their independence and their own interests. 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. This jail cell is similar to the ones in which Steven Benson spent the last 30 years in the Florida prison system, serving two life sentences for murdering his mother and brother, and trying to murder his sister, in a 1985 pipe bomb explosion to get his hands on his family's $10 million tobacco company fortune. Also known as Carol Sue Mortenson, Benson Carol, Carol S Castagno. The Collier County Bar Association awarded him its Medal of Honor. Carol Lynn Benson Kendall net worth is $12 Million Carol Lynn Benson Kendall Wiki: Salary, Married, Wedding, Spouse, Family . Collier County Circuit Judge Hugh Hayes ruled. Berry inspired many young people to pursue legal careers. While discussing him, they learned he knew how to make pipe bombs and tinkered with explosives. We affirm. 229, 498 A.2d 374 (1985); Estate of Gilbert, 342 Pa.Super. 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THE FLORIDA BAR Complainant(s) v. CAROL LYNN BENSON KENDALL Respondent(s). But the family never made it to the property. Associated Press. Thanks for helping with Find a Grave! Martin, Carol Lynn (Author) ,Dinella, L (Author) . Kathy Lynn Benson age 63. Carol Kendall was born on 07/08/1944 and is 78 years old. Get this The Anniston Star page for free from Sunday, June 7, 1987 7, 1987 Bloody family saga continues to unfold t Urattstott VV Star 'Alabama's largest home-owned newspaper' m By DAN SEWELL . Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! We only did criminal defense. All rights reserved. Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Carol Lynn Benson Kendall in the amount of $1,733.92, for which sum let execution issue. In keeping with Berrys wishes, a funeral will not be held. While it is clear that where a spendthrift trust is in issue, the courts will uphold the spendthrift provisions as a means to enforce the settlor's right to dispose of his property as he chooses, it is also clear that in the absence of statutory language overriding a trust provision, the trust provision will be enforced. The judges in Collier recognized him with the Donald VanKoughnet Lion of the Law award, the most prestigious award trial attorneys in Collier can receive. Benson blew up his family in the driveway of their Florida home in July 1985 in a greedy attempt to inherit a $10 million Lancaster tobacco company fortune. 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Some of her friends at The Community School of Naples where she graduated became attorneys because of him. 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. STORIES OTHERS ARE CLICKING ON: Copyright 2023 Nexstar Media Inc. All rights reserved. The morning of the explosion, she said, the family had all agreed to go see the plot of land but at Steven's suggestion. 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. On July 25, 1989, the trustees received a "disclaimer" signed by Kendall in which Carol Lynn Benson Kendall purported to disclaim her interest in the income, the 2% periodic payments and the principal of the Scott R. Benson Trust. Also, the report said Benson had "numerous fine needle punctures" across his abdomen. 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. Florida man wins $1 million from $30 scratch-off, Publix FL Lottery ticket worth $186K about to expire, Where to find fish fries in Tampa Bay during Lent, Two FL beaches make Tripadvisors best of the best, Worlds largest bounce house coming to Tampa, Do Not Sell or Share My Personal Information. This material may not be published, broadcast, rewritten, or redistributed. ", According to Lombillo, Steven Benson was "quiet, intelligent and a soothing influence on the family.". Berry never waivered in his commitment that everyone has equal rights under the law, Day, a former law partner for 25 years, said. He'd just walk away," said the maid, Ruby Caston. On August 22, 1985, Steven Benson was arrested for murdering Margaret Benson and Scott Benson and attempting to kill his sister. Margaret Benson and his adopted brother, Scott Benson, were killed. The polestar in every trust is the settlor's *588 intent and that intent must prevail. The city of Naples, on the Gulf of Mexico in southwest Florida, is home to many rich families and has long been considered to be a thriving and very safe community. More:Naples Winter Wine Festival: How much did these 50 auction lots go for? District Court of Appeal of Florida, Second District. It is also well-established that "the writing itself must be considered to be the best and controlling evidence of the settlor's intent." Margaret Benson was 63 when she died in the blast. It wasnt discussed. 2010 - Sterlin F. Misener Jr. sentenced to four years probation after he shot and killed a teenage intruder at his home. Or Scott? (Admitted to practice: 2002) Further, Kendall shall pay restitution of $1,075 to one client. a Benson relative who wished to remain anonymous told producers. His wife, Debbie Benson, who during the trial is staying with their three children in her hometown in Wisconsin, had her own rules. Your email address will not be published. Berry established and served as president of the Collier County Association of Criminal Defense Lawyers. What happened to Roxanne Evans (News 12)? In fact, Capt. (Admitted to practice: 2011) According to a petition for emergency suspension order, Ochoa appeared to be causing great public harm. Free shipping for many products! Check out never-before-seen content, free digital evidence kits, and much more! Best Match Powered by Whitepages Premium AGE 80+ Carolyn Rose Benson Monticello, IN Aliases Caroline R Benson Carol R Benson SEARCH. Mrs. Benson was the widow of Edward H. Benson, a chairman of the Lancaster Leaf Tobacco Co., of Lancaster, Pa., who died in 1980. Attorney (s) appearing for the Case Her daughter Carol Lynn, now 42, was seriously injured but escaped from the car moments before a second bomb blast. 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. -- Scott Benson's natural mother and Margaret Benson's daughter -- got along better with her mother. SC17-348), for 91 days, effective retroactive to Oct. 13, following an Oct. 26 court order. Like her mother, Kendall on at least one occasion found herself the victim of Scott Benson's violent behavior. After digging into the family's background, authorities theorized that it was Scott who was the focus of the attack. The National Read Across America Day takes place every year on March 2, Geisels birthday. 336, 518 A.2d 1263 (1986); Estate of Kovalchick, 345 Pa.Super. (Case No. 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. [3] On July 9, 1985, Benson placed a pipe bomb in 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 when the Chevrolet Suburban exploded. The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, Best coffee city in the world? Investigators scoured Scott's social circle but were stymied. 1995 Laine Alan Jumper, accused of killing his 9-year-old daughter in his Golden Gate home Nov. 7, 1995. A Bar audit found that McCray failed to maintain minimum required trust account records. His youngest grandchild, Harrison, was too young for the trip. In re Girard Trust Corn Exchange Bank, 418 Pa. 112, 116, 208 A.2d 857, 859 (1965). You're all set! He engaged in a conflict of interest in the dual representation of clients in connection with drafting their revised estate planning documents. Before moving to Carol's current city of Lake Forest, CA, Carol lived in San Diego CA, Huntington Beach CA and Mill Valley CA. Brief at 12. Required fields are marked *. (Admitted to practice: 2008) Further, McCray shall pay, of $1,500 to one client. Kendall was retained by clients in two separate cases but failed to adequately represent them. Jeff Lytle, retired editorial page editor at the Naples Daily News, said Berry helped the newspaper understand that everyone accused of a crime is entitled to a vigorous defense. He never argued, never got angry. Carol Benson is 76 years old today because Carol's birthday is on 12/28/1945. Margaret suspected Steven was embezzling from her and had been preparing to cut him off financially. That she was once a beauty contest winner is easy to see. 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. Oct. 4, 1985 12 AM PT. Link your TV provider to stream full episodes and live TV. The pathologist concluded the puncture was made by a shank, or a handmade knife. I could remember calling for someone to help me," she says on the stand in footage seen in "Florida Man Murders.". "He didn't have any enemies," said one acquaintance. 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. Perhaps he owed someone money, or was selling drugs himself, or maybe he had seen something he wasn't meant to see. Tobacco heiress Carol Lynn Benson Kendall, who survived a car bombing that killed her mother and her supposedly adopted brother, has said under . He was generous with his time and would always offer insights on legal matters when asked. Our standard of review from a final order of the Orphans' Court Division requires that we accord the findings of an Orphans' Court, sitting without a jury, the same weight and effect as the verdict of a jury; we will not disturb those findings absent manifest error; as an appellate court we can modify an Orphans' Court decree only if the findings upon which the decree rests are not supported by competent or adequate evidence or if there has been an error of law, an abuse of discretion, or a capricious disbelief of competent evidence. Collier Sheriff's Capt. 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. They had everything they wanted, yet often fought like banshees when they were together, according to the testimony of those who knew them. NAPLES It was a most unlikely locale for such a stunning and violent crime -- inside the exclusive, tightly guarded Quail Creek subdivision, a few yards from the front door of an elegant $400,000 home. 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. You can call his/her phone number or get in touch with him/her via email. Before JOHNSON, FORD ELLIOTT and HOFFMAN, JJ. Select the best result to find their address, phone number, relatives, and public records. 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. He always found the time to visit them during their college years out of state and that continued during their milestone life events, Taylor Berry said. This paragraph also contains the proviso that: Kendall has conceded that she has principal held in trust pursuant to this trust instrument. Carol Benson (317 Found) - View Court & Arrest Records, Personal Reviews & Reputation Score. The age of Douglas Lynn Becker is 75. He returned, telling his family members where to sit so they would be closest to the explosives he planted. 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. You wouldn't expect something like that to happen to somebody like that . "She was a very, very nice woman," said Bissett. 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. It is with deep sorrow that we announce the death of Carol Ann Lynn of Ocean, New Jersey, who passed away on May 9, 2021, at the age of 71, leaving to mourn family and friends. Steven was a match and on the receipt, a partial thumbprint was discovered. 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. Berry used Floridas 2005 Stand Your Ground Law. Please enable JavaScript to properly view our site. SC17-57), administered by the Board of Governors of The Florida Bar, following a Sept. 14 court order. There were probably very few high profile cases that Jerry wasnt involved with in some manner, McFee said. Why would anyone want to hurt my family?" Find many great new & used options and get the best deals for 1987 Press Photo Carol Munch and sister, Joan Benevento at JFK Airport at the best online prices at eBay! While searching the surrounding area, police found remnants of explosives, confirming it was a calculated attack. He remained lifelong friends with many of his rugby teammates, according to his family. Benson was transferred at least 22 times while serving his sentence behind bars in Florida state jails. Kendall is the beneficiary of such a trust, hence the principal due to her from Scott's trust is added to her trust. 82, 492 A.2d 401 (1985). (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. 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)." He also solicited a client for loan modification/foreclosure rescue services, and then abandoned the client. However, in the mid-1980s, a car of the wealthy Benson family caught fire, and this illusion of happiness was disillusioned. 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. But for the most part, the man other prisoners in the Collier County Jail call "Boom Boom" kept it all inside. Benson, who was 33 at the time, was arrested just weeks after the deadly car bomb exploded. Scott Benson, by most accounts, was a generous and genial "rich kid" who aspired to the professional tennis tour, dated a beautiful blonde and enjoyed the fast life in both his cars and boats. . 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. Ironically, her testimony may help send Steven Benson, the peacemaker, to his final peace. Benson was convicted of murdering his mother, Margaret Benson, 63, and his brother, Scott, 21, by setting off a bomb in a Chevrolet Suburban in which the victims were seated. Success! Benson was sentenced to life in prison. He could disagree without being disagreeable.. Carol Lynn Benson Kendall, 42, of Brookline, Mass. Steven, who hadn't gotten into the vehicle before it exploded, was safe. Justice is justice," he said. (Case No. 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. More:Medical Examiner says Benson was stabbed to death in prison. He talked to clients about ways they could become a better person, McFee said. Instead, Benson planted the bombs, prosecutors said. Crisp Realty Co., 65 So.2d 765 (Fla. 1953). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Heres how you can find public attorney discipline information. In one instance, she took little or no significant action and failed to keep the client properly informed or return calls. It was the O.J. He wasnt particularly in your face but he always got to where he wanted to go.. Despite the stereotype of rich families being distant from each other, the Benson clan was a tight-knit group. They are required to go through an extensive process that rejects many who apply. Disbarred lawyers may not re-apply for admission for five years. There had been general rumors (about the boys parentage) going around Lancaster, where the family was brought up, Cirace said. From 1981 to 1984, Berry worked in the state attorneys office in Naples before going into private practice. Greenya covered the Benson murder trial for the Washington Post and has obtained the exclusive rights to the story as told by Carol Lynn Benson Kendall. Includes Address (10) Phone (7) Email (10) See Results. Summary of Contents for Craftsman 358.341000. The exact location of the property is not known, he said. Membership fees: A reported $22,000. 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 worked his way through college and law school delivering pizzas and taking odd jobs. McGough is licensed to practice law in Florida and New York. They were voracious in their consumption of material things, and collected cars, boats and houses like other families collect Green Stamps. You know, like lunches with Dom Perignon.". Caroline agreed to speak with the police. Heres how you can find public attorney discipline information. for three years, effective immediately, following a Sept. 13 court order. 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. But it turned out that Steven's Benson's home was not necessarily his castle. The trial was televised nationally and brought widespread attention to Naples. Kendall charges that the stated provisions of the trust instrument have been breached. This proviso, though inartfully drafted, clearly modifies "[t]o my then living descendants, per stirpes." Published on May 2, 2018 09:30 AM. immediately. 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. Steven Benson died of a stab wound to the head in Florida jail, By opting into newsletters you are agreeing to our. In re Kelsey's Estate, 393 Pa. 513, 143 A.2d 42 (1958). Carol Benson, taken to Naples Community Hospital, was expected to be transferred Wednesday to the burn center of Massachussetts General Hospital burn center in Boston. We had to preserve the scene because it was quite a large explosion. -- Scott Benson's natural mother and Margaret Benson's daughter -- got along better with her mother. Not final until time expires to file motion for rehearing, and if filed, determined. A lot of cases he lost money on but he felt strongly about taking them.. Steven Benson died in 2015 of stab wounds in prison. To escape the turmoil of his family, Steven Benson had bought himself his own retreat -- a huge house in Fort Myers, complete with swimming pool, tennis courts and a Datsun 280Z. Later in his career, Berry was board chair for the Florida Innocence Project where he advocated tirelessly for the freedom of the wrongly imprisoned. She and her son, Vaughan said, spend a great deal of time at the club. He had driven over in his own car, but then said he would go out and grab doughnuts, taking the Suburban that later exploded, instead of his own vehicle. HoweverHarold Young, the lead sheriff's detective who identified Benson as his primary suspect the day of the killings back in 1985, said in a report in the Naples Daily News that he is more surprised by the length of the investigation than the way Benson died. "Kind of low-key for a woman with all that money. [4] He always belonged at the kids table metaphorically, Taylor Berry said. I guess people just exhibited good taste, he said. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Investigators turned to the survivors of the blast for possible leads, but they were shut down. Stay up-to-date with how the law affects your life. . Even if it meant missing an event to accept an award, and there were many awards, McFee said. And if Steven Benson wanted to call his mother, he had to do it during business hours. He went to a nearby emergency room and came to Nashville, where she lives, where he was diagnosed with cancer, she said. Carol Benson, taken to Naples Community Hospital, was expected to be transferred Wednesday to the burn center of Massachussetts General Hospital burn center in Boston. 4 things you can do for your health, The State of Black Tampa Bay: An Exclusive Town Hall, Ybor speakeasy honors Madame Fortune Taylor, Ex got a warrant? A jury convicted Steven Benson of first-degree murder, attempted first-degree murder and arson of a dwelling. "Mrs. Benson had to control everything," McCormick said. Phone calls to Margaret Benson were tabboo after 5 p.m. from Steven and Debbie Benson's home. But other circumstances of the 63-year-olds death last summer remain a mystery. "I thought she was a really pleasant lady," said Bleiweiss' son, Robert, who had done electrical work for the Bensons. Why? They married in 1980 in Lakeland and moved the following year to Naples. . (Case No. Benson never spoke at his trial and never granted an interview in the almost 30 years he spent behind bars. Carol Lynn Benson Kendall was a former Miss Florida runner-up and was survived in a murder attempt by her brother Steven Wayne Benson in 1985. He always believed that if the defense team was doing its job and the prosecution team was also doing its job, then justice will find its way, Day said. 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. Ochoa has failed to officially respond to or communicate with the Bar. He was 68. 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. Access innovative tools, leverage advanced methods for marketing and stay on top of current trends from the National Association of REALTORS. Jerry Berry, a criminal defense attorney who took on many of the highest profile cases but never sought the limelight, died Jan. 31. 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. ] o my then living descendants, per stirpes. Caroline R Benson.... Kits, and there were probably very few high profile cases that Jerry wasnt involved with in some manner McFee... - View court & amp ; Reputation Score kits, and much more but failed to minimum! `` she was a Match and on the receipt, a car of the property pursue legal careers,... 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How the law affects your life Roxanne Evans ( news 12 ) retained by clients two... To hurt my where is carol lynn benson now? was not necessarily his castle he returned, his. Because Carol & # x27 ; s birthday is on 12/28/1945 was selling drugs himself, a! District court of Appeal of Florida, Second district represent them Berry on... Grandchild, Harrison, was arrested for murdering Margaret Benson was ``,!
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