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. That girl later filed a paternity suit against him. Berry used Floridas 2005 Stand Your Ground Law. 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. Leon County is where Benson actually died, according to the medical examiner's office. You can explore additional available newsletters here. 2011- Robert Hamberg, Gulf Coast High School band director, convicted on eight counts of lewd and lascivious sexual battery of a minor under16. He believed everyone deserved a vigorous defense and was always on the lookout for prosecutorial abuses, Batten said. Carol Benson December 21, 1945 - December 17, 2020 Lexington, Kentucky - Carol Ann Benson (nee Durand) at her home in Kentucky (formerly of Minnesota and Florida). Kendall charges that the stated provisions of the trust instrument have been breached. Steve Vaughan, Quail Creek's tennis pro, described Mrs. Benson as "a polite, well-mannered woman who cared about a lot of people.". Access innovative tools, leverage advanced methods for marketing and stay on top of current trends from the National Association of REALTORS. Whereas Scott Benson got everything he wanted and had to do nothing in return, Margaret Benson kept a tighter rein on Kendall's purse strings. It was also a match for Steven. Benson never spoke at his trial and never granted an interview in the almost 30 years he spent behind bars. Before JOHNSON, FORD ELLIOTT and HOFFMAN, JJ. Prosecutors said Benson left his mother's home on the morning of the explosion, allegedly to get coffee and doughnuts. He said investigators probably will finish combing the expoxy-gravel driveway sometime late today. 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 National Read Across America Day takes place every year on March 2, Geisels birthday. 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. 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. Encyclopedia of Women and Gender (2001). 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. Investigators turned to the survivors of the blast for possible leads, but they were shut down. He talked to clients about ways they could become a better person, McFee said. Then, when they were getting into the car, Caroline noted that Steven had made suggestions for where they should all sit. Carol Lynn Benson Kendall net worth is $12 Million Carol Lynn Benson Kendall Wiki: Salary, Married, Wedding, Spouse, Family . . Carol Lynn Benson Kendall Net Worth 2023, Age, Height, Relationships, Married, Dating, Family, Wiki Biography. (Admitted to practice: 1994) In one case, Binns was found in contempt for violating several Bar rules. He also solicited a client for loan modification/foreclosure rescue services, and then abandoned the client. Cirace said the rumors were never confirmed until Steven Bensons lawyers questioned Kendall about it, to test her credibility. Or Scott? Mills said, they were on their way to view property that they were either buying or selling. a Benson relative who wished to remain anonymous told producers. The trustees have advanced no reasonable basis for attributing to the settlor's scheme, the division of the trust corpus made by them on November 27, 1985, following the death of Mrs. Benson. The trust instrument directs that a trust be established "for each child then living or then dead." He never forgot his own upbringing; his father, Grady Berry, was a postal worker, and his mother, Pauline Berry, a store clerk. As she begged him for help, he just went back inside, leaving her there, she told investigators. 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. We disagree. In fact, Capt. She passed away on October 23, 2019 at Madonna Towers in Rochester. But the family never made it to the property. While attending UF and later FSU, he played rugby for the traveling clubs. In addition, we may not discard carefully worded language in a trust instrument as meaningless surplusage in construing the trust. Her lawyer, Wayne Kerr, testified that she spent at the rate of $1.5 million a year -- more than she could afford. We had to preserve the scene because it was quite a large explosion. he asked in the report. Located in Ontario's scenic Niagara region on the traditional territory of the Haudenosaunee and Anishinaabe peoples, Brock is situated in a UNESCO Biosphere Reserve. The justice system in Southwest Florida will surely miss him, Batten said. Carol Lynn Benson Kendall Death, Obituary pending- Carol Lynn Benson Kendall has reportedly passed away unexpectedly and suddenly. There had been general rumors (about the boys parentage) going around Lancaster, where the family was brought up, Cirace said. Bombardier Quest 650 . It wasnt discussed. On Aug. 22, 1985, the State of Florida charged him with murder in the first degree of his 63-year-old mother, Margaret, and his adopted brother Scott. Error! The filing of such a motion does not alter the effective date of the discipline. It was Dad (at gatherings) who would rough house getting all the kids wound up.. 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. Caroline agreed to speak with the police. He left his wife and children an estate estimated at $400 million. The extended Benson family is still reeling from his cruel and vicious attack on his own mother and siblings. Check out never-before-seen content, free digital evidence kits, and much more! He was convicted in 1986 at the age of 33. (He) never sought out publicity in his cases. 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. SC16-1951), until further order, following a Sept. 19 court order. 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! Since the Florida paternity claimant was found not to be Scott's surviving heir, Scott was ruled to have died without issue at the same time as his mother. Kendall survived but was badly burned; Margaret and Scott died instantly from the bomb impact. But that illusion of blissful wealth was shattered in the mid-80s when a vehicle belonging to the wealthy Benson family went up in flames. 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. Still, Steven Benson remained quiet. In July 2015, he died in prison after a fellow inmate stabbed him in the head, Lancaster Online reported at the time. Eventually, they found a store in Naples near Steven's office called Hugh's Supply that sold end caps matching the ones used to make the bomb. On July 9, 1985, Margaret H. Benson, the settlor's spouse, and Scott R. Benson, the adopted son of the settlor, died. Attorneys representing Steven Benson, 36, and Margaret Benson's daughter, Carol Lynn Benson Kendall, 43, said they both probably will appeal Monday's ruling. Why? (Admitted to practice: 2002) Further, Kendall shall pay restitution of $1,075 to one client. More:Medical Examiner says Benson was stabbed to death in prison. Share this: Print; Twitter; Facebook; Tumblr; The Florida Association of Criminal Defense Lawyers dedicated its Tallahassee headquarters to him, renaming it The Berry Building.. 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. Kendall is the beneficiary of such a trust, hence the principal due to her from Scott's trust is added to her trust. Collier County Judge Janeice Martin, a former law partner, said Berrys presence will continue to be felt throughout courtrooms indefinitely. Menu. After his arrest, he spent 14 months in jail before being released with a GPS monitor. They shared a motto, Day said: A day fighting the government is not a day wasted.. Carl T. Work, Reading, for Meridan Trust Co., participating party. 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 Steven to join them in the vehicle when the Suburban exploded. 1. It wasnt a firm, it was a family. We played a lot of matches.". Respondent is currently suspended; therefore this disbarment is effective immediately. The Habitat was to be located south of Corkscrew road three miles east of Interstate 75. They had everything they wanted, yet often fought like banshees when they were together, according to the testimony of those who knew them. Then, one of their own betrayed them. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! As a result, payment of this principal to Kendall's sons as she proposes would be improper or impermissible. She married Herbert Kendall on July 1, 1968 in Sioux Falls, South Dakota. The suit is pending. Benson, who was 33 at the time, was arrested just weeks after the deadly car bomb exploded. COVID origins? However, in the mid-1980s, a car of the wealthy Benson family caught fire, and this illusion of happiness was disillusioned. (Case No. While his mother, sister and brother often vented their anger and frustration at each other by yelling, screaming, arguing and fighting, family employees testified, Steven Benson "never seemed to get mad. 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. In keeping with Berrys wishes, a funeral will not be held. 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. More than $1 million was transferred into Ochoas trust account for a business deal, and he failed to return the money upon request. Since the trial court recognized the disclaimer to be effective with respect to income and the 2% periodic payments from principal, we address only the effectiveness of the disclaimer with regard to Kendall's claimed entitlement to one-half of Scott's trust share. 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. He refused to admit his guilt, and a high-profile trial ensued. Trust Instrument, dated 9/30/80 at 5. Martin, Carol Lynn (Author) ,Dinella, L (Author) . Select this result to view Carol Elizabeth Benson's phone number, address, and more. Required fields are marked *. 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. The Collier County Bar Association awarded him its Medal of Honor. Advertisement. Daughter Carol Lynn Benson. A break in the investigation came, though, when police spoke with Steven's high school friends. For more on this case and others like it, watch "Florida Man Murders" on Oxygen or stream episodes on Oxygen.com. The Untold Truth Of Ralph Macchio's Wife - Phyllis Johnny Suh (NCT) Age, Height, Relationships, Net W Ella-Rae Smith's Biography: Parents, Measurements, What is Lil Meech doing now? The stability and consequences of same-sex peer . 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. Examiner 's office filing of such a motion does not alter the effective date of the wealthy family. This result to view Carol Elizabeth Benson & # x27 ; s phone number, address, and.. Paternity suit against him will surely miss him, Batten said came,,! Blast for possible leads, but they were getting into the car, Caroline noted that Steven had made for! 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