In re Ferguson, 354 Pa. 367, 47 A.2d 245, 165 A.L.R. After digging into the family's background, authorities theorized that it was Scott who was the focus of the attack. (Admitted to practice: 2008) Further, McCray shall pay, of $1,500 to one client. BENNINGTONCarol Lynn Benson Bennington, age 52, of Milford, OH, passed away on Saturday, August 15, 2015 at Hospice of Cincinnati in Blue Ash. 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. The family and everybody just treated his grandmother as Scotts mother, the lawyer said. I was impressed by the way he stood up for the profession of defense attorney, quick to point out their importance to society.. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He believed everyone deserved a vigorous defense and was always on the lookout for prosecutorial abuses, Batten said. Icicidirect. The deceased testator, Margaret H. Benson, was the mother of appellant Carol Lynn Benson Kendall, Steven W. Benson and Scott R. Benson. All rights reserved. . Prosecutors said Benson left his mother's home on the morning of the explosion, allegedly to get coffee and doughnuts. Collier County's most notorious killer himself met with a violent end. . However, they were stumped: Was Margaret the target? He didnt blink twice about taking on clients who could not pay. He failed to respond to an official Bar inquiry. 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. Margaret Benson was 63 when she died in the blast. This appeal followed. 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. Carol Lynn B Kendall Esq Attorney (Family, Land Use, Real Estate); Certified Mediator (Family, Circuit Civil) at Kendall & Associates, P.A. Schellentrager v. Tradesmans National Bank & Trust Co., 370 Pa. 501, 88 A.2d 773 (1952). In July 2015, he died in prison after a fellow inmate stabbed him in the head, Lancaster Online reported at the time. And it would have "that million-dollar look" Margaret Benson craved, Kerr testified. There had been general rumors (about the boys parentage) going around Lancaster, where the family was brought up, Cirace said. The trial court entered the November 27, 1990, order which, inter alia, confirmed the account and directed the trustees to honor Kendall's "disclaimer," allowing Kendall's interest in the income and the 2% principal of the Scott R. Benson Trust to be paid to her sons. 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. Elton John. 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." This proviso, though inartfully drafted, clearly modifies "[t]o my then living descendants, per stirpes." In re Edward H. BENSON, Settlor to Meridian Trust Company Substitute for American Bank and Trust Co. of Pa. Or Scott? 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. Taylor was a student at the University of West Georgia, where she was studying speech pathology. A break in the investigation came, though, when police spoke with Steven's high school friends. He was certainly no stranger to jailhouse violence, reportedly Benson was stabbed by another inmate in 1991. Long-timers refer it to as the Benson murders when Steven Benson planted two pipe bombs in his mothers Chevrolet Suburban in the familys North Naples driveway in 1985. (Case No. for crying out loud, it was a shock.". 2002 -Bill Rasmussen, founder of ESPN, pleaded guilty to reduced fraud charges in the failed Stadium Naples golf course arena. 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. 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. (Admitted to practice: 2002) Further, Kendall shall pay, of $1,075 to one client. 2022 - Hector Manley, Parkside Elementary School teacher pleaded no contest on 20 charges of molestingstudents between the ages of 5 and 12. 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. Despite the stereotype of rich families being distant from each other, the Benson clan was a tight-knit group. He remained lifelong friends with many of his rugby teammates, according to his family. STORIES OTHERS ARE CLICKING ON: Copyright 2023 Nexstar Media Inc. All rights reserved. Why would anyone want to hurt my family?" Her daughter Carol Lynn, now 42, was seriously injured but escaped from the car moments before a second bomb blast. 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. Prosecutors at the trial said Benson's motive was greed. Benson, now 53, is serving two life sentences in a Florida prison for killing his mother and brother, and trying to kill his sister. Or the whole family? There were particles of bodies and materials, and it looked like a bomb had dropped on the Suburban," Harold Younga, a retired homicide lieutenant with the Collier County sheriffs department, told producers of. Margaret suspected Steven was embezzling from her and had been preparing to cut him off financially. Pleaded no contest in exchange for two years probation and surrendered his law enforcement certificate. 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. He received his law degree from Florida State University in 1979. 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. (Case No. He worked as a prosecutor in Lakeland where he met his future wife, Catherine Laich, who had gone to Florida Southern College in Lakeland, their daughter said. 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. On August 22, 1985, Steven Benson was arrested for murdering Margaret Benson and Scott Benson and attempting to kill his sister. Berry never waivered in his commitment that everyone has equal rights under the law, Day, a former law partner for 25 years, said. 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. For more on this case and others like it, watch "Florida Man Murders" on Oxygen or stream episodes on Oxygen.com. In one instance, she took little or no significant action and failed to keep the client properly informed or return calls. BOSTON . How old is Carol Lynn Benson? Besides taking on their defense, Berry talked to clients about their personal situations, how to overcome substance abuse or how to get care for a mental health illness that could mean a new life, colleagues said. The filing of such a motion does not alter the effective date of the discipline. two life sentences for killing his tobacco heiress mother. In 2016, the American College of Trial Attorneys selected Berry to join the invitation-only ranks of attorneys, and he joined the groups equally exclusive honor society. She and her son, Vaughan said, spend a great deal of time at the club. reported at the time. They shared a motto, Day said: A day fighting the government is not a day wasted.. 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. "Her kids were spoiled," McCormick said. Benson, who was 33 at the time, was arrested just weeks after the deadly car bomb exploded. A jury deliberated just 12 hours before finding Benson guilty but spared him from the death penalty. The fiery blast sent his mother and adoptive brother to their graves, but his sister escaped with her life. But some investigator said it was a bomb, set off by remote control.". We had to preserve the scene because it was quite a large explosion. Leon County is where Benson actually died, according to the medical examiner's office. 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. To my knowledge, Scott never confronted his mother with the question. In another case, Binns was found guilty of neglecting a client matter, failing to provide trust account records, and commingling funds. But they show he had been transferred out of the Taylor Correctional Institution in Taylor County, Florida to Leon County, where there are at least four medical facilities. SEARCH. 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. He was 68. Although Margaret Benson spent plenty on herself, she also was more than generous with her children. He was coming back to the complex after working late as a prosecutor. 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! 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. They have also lived in Mound, MN and Shakopee, MN. It was Dad (at gatherings) who would rough house getting all the kids wound up.. 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. Margaret and Scott were killed instantly, while Caroline was rushed to the hospital with severe burn injuries. Carol F Benson. More than $1 million was transferred into Ochoas trust account for a business deal, and he failed to return the money upon request. A jury convicted Steven Benson of first-degree murder, attempted first-degree murder and arson of a dwelling. She was required to notify her clients, opposing counsel and tribunals of her suspension, and provide the Bar within 30 days a sworn affidavit listing the names and addresses of all persons and entities that were furnished a copy of the suspension order. 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. McFee said it was Berrys idea they only do criminal cases, which was unheard of but worked. Kathy Lynn Benson age 63. 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. She failed to timely respond to investigative inquiries from the Bar about cases, and she failed to return unearned client fees. Gillian Telling. Steven, who hadn't gotten into the vehicle before it exploded, was safe. And you can find Douglas Lynn Becker at Benson, AZ 85602 now. Why are we still having these debates? Success! 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. Two more Benson books are due out in June. Also known as Carol Sue Mortenson, Benson Carol, Carol S Castagno. 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. He retired last year from a remarkable 43-year career that included early years as a prosecutor. 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 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. Carol Lynn Benson Kendall, 2719 Hollywood Blvd., Suite 164, Hollywood, disbarred effective immediately, following a Sept. 22 court order. Steven Benson died of a stab wound to the head from a homemade knife inside the Florida prison where he was serving two life sentences for killing his tobacco heiress mother and brother in 1985, records obtained by LNP show. He was also putting the finishing touches on a 30-foot, Cigarette-styled racing boat souped up with a nitrous-oxide tank to help boost the horsepower of two large engines, one friend said. Scott Benson was "a spoiled young man who got whatever he wanted. Berry nevertheless was respected by the government he went up against. Steven was found guilty on all counts and sentenced to life in prison. The theory was a dead end. Kendall's mother and son, Scott, were killed. Jerry Berry, a criminal defense attorney who took on many of the highest profile cases but never sought the limelight, died Jan. 31. Carol Lynn Benson Kendall Death, Obituary pending- Carol Lynn Benson Kendall has reportedly passed away unexpectedly and suddenly. Benson was sentenced to life in prison. Since the trustees had the sole discretion to grant or not to grant such application, the successor trusts, the separate trusts, were also spendthrift trusts. 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. Carol is related to Richard David Benson and Jackie Ann Benson as well as 3 additional people. 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. Simpson. That girl later filed a paternity suit against him. 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. Counts and sentenced to life in prison, though, when police with... The way he stood up for the profession of defense attorney, to! Lynn, now 42, was arrested for murdering Margaret Benson was `` a spoiled young Man who whatever... Between the ages of 5 and 12 protected by reCAPTCHA and the Privacy! Charges in the blast Naples golf course arena lifelong friends with many of his rugby teammates according. Was `` a spoiled young Man who got whatever he wanted retired last year from a remarkable 43-year career included... Counts and sentenced to life in prison later filed a paternity suit against him prosecutorial... 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