Violinist's Children Challenge Executor's Handling of Estate

December 7, 2004
AP State Wire

After Isaac Stern died, pieces of the  renowned violinist's legacy - autographed photographs, a music  collection, violins and bows - were auctioned off.

His  three children say that never should have happened.

In  court actions, Stern's children are asking the former executor  of their father's estate, William Moorhead III, for more than  $2 million, claiming he improperly calculated the estate's  value and transferred assets to Stern's third wife, Linda  Reynolds Stern.

"We're doing this because this  individual, in the guise of doing what he should be doing,  took advantage of a situation and needlessly squandered my  father's legacy," said daughter Shira Stern.

Stern, who  died in 2001, was one of the foremost violinists of the 21st  century. He was among the most recorded classical musicians in  history, and was credited with discovering Itzhak Perlman,  Pinchas Zukerman and cellist Yo-Yo Ma.

His children say  they are not contesting their father's will, but the actions  of the executor. They say Moorhead gave Stern's New York City  apartment to his wife instead of accounting for it in the  estate. When there was not enough money to pay off the  musician's debts, his personal items were auctioned, a move  they say would not be necessary had Moorhead accounted for the  apartment's value.

"If he had, there never would have  been any need to auction off Isaac Stern's legacy," said Mark  D. Schwartz, the children's Pennsylvania-based attorney.  "There was absolutely no need to auction off all of this  stuff."

The children said Moorhead never told them  about the sale. They only realized the items were on the  market, Shira Stern said, when a musician in Philadelphia  called Stern's son, Michael, and inquired about a violin he  saw on the Internet.

"We found out about this by  accident," said Michael Stern, who will take over as music  director of the Kansas City Symphony next year.

He  added, "And when you think about the stature of our father, to  put it up on the Internet like some glorified eBay garage  sale, was unfortunate to say the least."

Documents in  New Milford probate court show Stern signed the apartment over  to his wife in the final weeks of his life. At the time, he  was sick and in the hospital, and his children say he was in  no mental or physical shape to make  decisions.

Moorhead, who has resigned as executor, did  not return calls seeking comment Tuesday. Steven E. Ayres, a  Stamford attorney, has been named by the court to take his  place. The probate court will hold a hearing in the case later  this month.

The children contend Moorhead did not  account for the apartment because his wife was best friends  with Reynolds Stern, and he was looking out for her interests.  The apartment eventually sold for $3.7 million and, under a  court settlement, Reynolds Stern was required to give half the  proceeds back to the estate.

Stern's children said they  would not have gone to court had their father's debts been  repaid. One debt, totaling just more than $1 million including  interest, was owed to Walter Scheuer, one of their father's  closest friends.

Court documents show Moorhead took  more than $310,000 in fees from the estate. They also show he  set up an office and charged expenses such as cable TV, phone  lines and a maid service while claiming the estate was  bankrupt.

"If the repayment of that debt had been  honored, we would never have contacted a lawyer," Michael  Stern said.

The money sought in the court action  includes Moorhead's fees, overhead for the office, the  children's legal fees and half the value of the apartment,  Schwartz said.

While the auctioned items can never be  recovered, Stern's children said that they are most upset that  Moorhead violated his duties as executor. More than three  years after their father's death, they want to move  on.

"It's time to remember him and close this chapter,"  Shira Stern said. "It's time to remember him the way he would  want to remembered, and the way we want to remember him. This  chapter needs to be closed. It cannot continue to  hang."