‘Brewer’ Raises New Issues Regarding Estate Distribution


21 January, 2014


ArticlesRecent Decisions

Terence Smolev and Christina Jonathan have written an article regarding the Brewer case presided over by Nassau County Surrogate Edward W. McCarty III.  The article was published in the New York Law Journal.

It was undisputed that Brewer murdered her three children. However, she was never convicted of the crime due to her severe mental illness. Brewer genuinely believed that the death of her children would break a voodoo curse under which they had been living. At first blush, it may seem obvious that Brewer should not be entitled to any part of her children’s Estate since the settlement was a direct result of her murders. Surprisingly, there were very persuasive arguments made to support Brewer’s claim and the current law.

The full text of the article: Brewer Raises New Issues