By Stephen Seitz
updated
Wed, Feb 15, 2012 06:08 PM
WOODSTOCK- The case took nearly four years to bring to trial,
testimony took up nearly eight days, but a Windsor County jury
needed just about two hours to decide that Phyllis G. Agan did
indeed intend to leave generous bequests to a number of Ludlow area
charities.
"I think Phyllis would say justice was done," said longtime friend
and former guardian Robert Kirkbride. "I'm glad this part is
over."
Agan died of Alzheimer's disease in May 2008 at the age of 88,
leaving behind a fortune of about $9 million. Most of that was left
to family members, but about $1.5 million was intended to support
various charities in Ludlow, where Agan lived most of her life.
Agan's sister Joanne M. Curran, nephew Michael G. Curran, M.D., and
niece Cathleen A. Curran brought suit in September 2008, claiming
that Agan was not competent to make such bequests, or that she did
so because she was easily influenced due to her disability.
The jury found that Agan was capable of making the decisions, and
that she was not unduly influenced when she did so, in 2005. The
family and their attorneys left the courthouse almost immediately
after the verdict.
Representatives of the various charities said they were pleased
with the jury's decision.
"Phyllis was the little engine that could, and did," said Robert K.
Ottkamp, president of the United Church, Ludlow Assembly. "I
checked all our records from 1946 to 2002 to find every reference
to Phyllis Agan. They said she didn't work, but her real work was
in that church, to keep it together. She also made anonymous gifts
in significant amounts."
Ottkamp added that the church paid the closest attention to the
case.
"We had the largest contingent attending the trial, at least 10
people, sometimes as many as 13," he said.
Donna Crossman, representing the Ladies' Auxiliary, called the
jury's decision "wonderful."
"It's not so much about the money as it is about her wishes being
carried out," Crossman said. "We knew nothing of this. No one knew
she had this kind of funding. Phyllis was so active in small ways.
She did not deserve to have her integrity questioned."
According to court documents, Agan left her entire estate to a
trust. At issue in the initial complaint was the seventh amendment
to the trust, which Agan executed on Nov. 9, 2005 in it she made
these bequests: the building fund of the United Church of Ludlow,
$150,000; the same amount to the Black River Academy Museum;
$200,000 to the Salvation Army for use in Ludlow and surrounding
towns, and $50,000 to the Ludlow Garden Club.
In addition, Agan left $100,000 each to the Black River Valley
Senior Center, the town of Ludlow to endow a home economics
scholarship, the Gill Odd Fellows Home, the Ludlow Rotary Club, the
American Red Cross for use in Ludlow and surrounding towns, the
Annunciation of Blessed Virgin Mary Church for its buildings, Black
River Good Neighbor Services, the Ludlow Masonic Hall, the Ludlow
Order of the Eastern Star, and the Ludlow American Legion
Auxiliary.
Family members were not left out. Cathleen Curran received the
house in Ludlow and its contents, as well as Agan's personal
property (including about $10,000 in jewelry), plus the rest of the
estate after distribution.
Agan's brother, Michael F. Goodine was left $250,000. Joanne
Curran, received 15 percent of the estate. Another sister, Patricia
G. Sutphen, and Michael Curran each received $50,000.
It is not known whether the jury's decision will be appealed.
Tagged:
Phyllis G. Agan, Ludlow charities
