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Appeals court agrees to hear challenge in Simon case

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The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.

Bren Simon had petitioned the appeals court to overturn a December ruling by Hamilton County Superior Court Judge William J. Hughes that removed her as interim trustee over her late husband's estate.

She also is challenging the judge's refusal to recuse himself from the case after she took issue with his choice of personal counsel to represent him in front of a state judicial commission.

The Hamilton County court this week updated the case docket to show that the higher court had accepted Bren's appeal and ordered a stay in the estate case.

In removing Bren as trustee, Hughes cited her decision to distribute $13 million from the estate to herself without notifying other trust beneficiaries, a move she later tried to recast as a loan. Among Bren's other questionable decisions: Paying her attorneys more than $3 million from the estate without the court's approval, and moving to convert more than $500 million worth of ownership units in Simon Property Group Inc. without appropriate professional advice, the judge wrote.

Attorneys for Bren argued she served capably as executor and trustee of the estate of her late husband, pointing to a series of moves she has signed off on, including the transfer of her husband's stake in the Indiana Pacers and moves to appraise the value of a vast array of holdings.

Bren's efforts to remove Hughes from the case began when the judge hired two Bingham McHale attorneys to represent him after he was charged with driving while intoxicated in North Carolina in October. A different attorney at the same firm represents Simon Property Group, which got involved in the case after Bren sought to cash out Melvin's ownership units.

Hughes replaced the Bingham McHale attorneys on Nov. 22, three days after Bren’s attorneys objected and asked for a stay in the case. Hughes said he has “no bias” for any party or attorney in the case, but Bren’s attorneys were not convinced.

Melvin's daughter Deborah Simon claims Bren coerced Melvin to make changes to his estate plan in February 2009, seven months before he died at age 82.

Bren has claimed in court filings that the changes to the will reflected Melvin’s desire to compensate her for a drop in the company’s stock price and a reduction in the cash dividend.

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  1. Saw the Indy Men's Chorus "Music of Gilbert & Sullivan" at the Indiana Historical Society on Sunday evening.

  2. Temporary workers are not "tools" they are people and companies that keep large amounts of temp staff are cheating.

  3. I miss having them around. I hope one of their stores is in the general Meridian/86th Street area. I will make good use of it.

  4. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

  5. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

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