The Widow

Chapter 57

Simon felt no loyalty to Eleanor Barnett. Her deceit had caused more problems than she could possibly have foreseen. However, the last will and testament he prepared for her was properly executed and legally valid, unless, of course, it could be proven that she was not mentally sound. That fight now belonged to someone else. But he would not sit idly by and allow Teddy Hammer and his bogus clients to plunder what was left of her diminished estate. Plus, he was about to be disbarred and sent away, so what the hell? He decided to thoroughly muddy the water and go out in a blaze of glory.

He filed a petition to probate Eleanor’s will, along with the affidavits signed by the Larsons, plus one signed by him in which he attested to the “sound and disposing mind and memory” of the late Eleanor Barnett. Since there was no way Judge Pointer would appoint him as the executor, Simon asked the court to appoint Clement Gelly, who was still acting as the conservator. In a phone call, Judge Pointer was pleased to hear from Simon, even claimed to be concerned about him, and welcomed him, and Eleanor’s will, into the fray. She scheduled the initial probate hearing for June 17 and notices were sent. As expected, it drew a crowd of reporters and other courthouse regulars.

Simon knew his days in the courtroom were numbered. He would be forced to appear before Judge Shyam on August 22 for his sentencing, and he assumed that would be his last time in court. For the initial hearing in the probate matter, in his home courtroom, he was determined to look sharp and act as if life was swell. He had told Paula and the kids that his chances on appeal were excellent and his conviction would be set aside soon enough. He had refused to say a word to any reporter. He avoided them and entered the courthouse through a side door, then hurried upstairs to the main courtroom.

Judge Pointer called things to order, welcomed the large crowd, and thanked everyone for their attendance and their interest in making sure the judicial system worked properly. Of course, the crowd had no such interest. They were there to have a look at the lawyer who poisoned his wealthy widow client and got convicted of her murder. Everyone was working on a story. Simon knew all eyes were on him. The locals — lawyers, clerks, courtroom regulars — were, as a group, dumbfounded that Simon Latch, one of their own, had managed to get himself in such hot water. They found it difficult to believe that he was headed for prison. The others — reporters, journalists, true-crime hucksters — were there because they smelled blood and wanted a fresh angle.

Wally Thackerman sat low in the back row, curious as hell but still unwilling to step forward with his version of Eleanor’s will, primarily because he had no idea what would happen if he did so. The chances of him cashing in on his scheme seemed remote. The chances of getting embarrassed seemed rather high.

As the petitioner, Simon was allowed to speak first. Without referring to his problems, he explained to Judge Pointer that on March 27 of the previous year, the decedent, Eleanor Barnett, signed a last will and testament that he had prepared himself. It met all of the statutory requirements. He offered it as Exhibit A and she accepted it into evidence. In quick order, Simon called Tony Larson to the stand and quizzed him about his involvement in meeting Eleanor Barnett and witnessing her signing the will. His wife, Mary Beth Larson, was next, and explained that their good friend Mr. Latch, the lawyer next door, often asked them to step over and witness wills. She was quite impressed with Eleanor Barnett and had no doubt that she was in her right mind and knew exactly what she was doing. They even walked around the corner and had a nice lunch together afterward.

Once the will was admitted for probate, the question became: Who would serve as the executor or the administrator? The will named Simon as the executor, but that did not seem feasible. An administrator was needed, and Simon argued that Clement Gelly should be appointed. Clement took the stand and agreed to continue with the estate.

Teddy Hammer wanted Jerry Korsak to have the job and to control the estate’s affairs. However, he was afraid to put him on the stand. At that point, Simon would be allowed to grill him, and the results would likely be disastrous.

Teddy said, “Your Honor, we have confidence in Mr. Gelly and will agree to his appointment as administrator. The much larger issue is the validity of this will. We plan to file an objection to it and demand a trial.”

“On what grounds?” Judge Pointer asked.

“On the grounds of undue influence. Ms. Barnett was under the complete control of Mr. Latch when she signed her will. At trial we plan to prove that at the time it was drafted, Mr. Latch was laboring under the false assumption that his client was quite wealthy. The language of the will gives him extraordinary power, along with the opportunity to earn substantial fees for representing not only her estate, but also the trust it created. He was after her money, Your Honor, plain and simple.”

The last thing Simon wanted at that point in his life was to sit through another trial, especially one where he was the sole target. And he would not sit through the will contest. He really didn’t care who got the money or how much was actually out there.

He managed to mute Teddy Hammer and tune out everyone else. For a moment he was pleased to be making his exit, albeit a rather unexpected one, from the legal profession. The lawyers — they do go on and on.

Let the vultures fight over Eleanor’s remains.