Estranged Siblings Sue Over Tasha Tudor's Will

August 24, 2008
Barre Times
Susan Smallheer

Tasha Tudor, who died in June at the age of 92 at her home in Marlboro, was internationally famous for her idyllic illustrations of life in New England.

But a lawsuit contesting her will raises the question whether her personal life was so simple. According to filings in Marlboro Probate Court in Brattleboro, three of Tudor's four children are contesting her $2 million will.

Thomas Tudor, associate general counsel for international affairs for the U.S. Air Force, and his two sisters, Bethany Tudor of Brattleboro and Efner Tudor Holmes of Contoocook, N.H., accuse their brother, Seth Tudor, 65, of keeping their mother isolated from them, "interfering" with their inheritance and exerting "undue influence" over their frail mother when she wrote her will in 2001 and revised it in 2002. They also, in court documents, hint that she was neglected in the final year of her life.

A hearing on the contested will is scheduled for Wednesday in the probate court.

Tasha Tudor died June 18 from a stroke she suffered a month earlier, according to her death certificate.

Seth Tudor and his son, Winslow, inherited the bulk of her $2 million estate. Tudor left $1,000 each to her daughters and similarly modest gifts to five of her 11 grandchildren.

In the 2001 will, Tudor said the modest sums for her daughters were a reflection of their "estrangement." The statement was repeated in a 2002 codicil and extended to her son Thomas Tudor.

The 2001 will stipulates the copyrights on her artistic works go to her two sons, but a 2002 codicil stripped Thomas Tudor of any share in his mother's estate, with the exception of an antique highboy kept in his mother's bathroom.

In her will, Tudor left her famous collection of 19th century clothes to the Colonial Williamsburg Foundation, and left her doll collection, which is on display at Colonial Williamsburg, to Seth and his wife, Marjorie Tudor.

Her landmark 18th century replica home and gardens, the centerpiece of her most recent books and popular $165 per person garden tours, is already owned by the two estranged brothers, Seth and Thomas, according to Thomas Tudor.

In the probate court filing, Thomas Tudor, Bethany Tudor and Efner Tudor Holmes contend that their brother, Seth, should not be appointed executor of her estate. In a handwritten note to the court, Bethany Tudor explained why.

"Reasons: I feel he used undue influence upon my mother when she was not well these last years. After her death I was not allowed on the property for a family memorial service with her ashes. He had no service. I think Seth is incompetent, greedy and unfairly using what rightfully should have been divided between the four siblings," she wrote.

Bethany Tudor said her mother gave her furniture while she was in her 70s, but that the furniture remained at her mother's home. She submitted a handwritten list of furniture, that appears to be in Tasha Tudor's handwriting, dated in 1976.

"I feel Seth since 1999 especially, has completely controlled my mother's life in every way and perhaps taken advantage of her frailty, failing mind and her great fear of being put in a nursing home. The will reflects a most unfortunate and ugly situation," wrote her second daughter Efner Tudor Homes.

She also sent a handwritten note, signed by "Mum," and dated Jan. 19, 1976, which leaves Tudor's house and its contents to Thomas Tudor "in appreciation for his kindness, willingness to run tiresome errands and do dirty jobs, and especially for his constant consideration of me."

"Seth I've not left furniture to as he stated he really did not feel attached to such things. I trust he understands this," "Mum" wrote in 1976, about four years after she moved to Marlboro to a home she built next to her son's home on Raven Road.

The bulk of Tudor's estate appears to rest in the copyrights for the 100 books she produced over her 70-year career as an illustrator, according to Mark D. Schwartz, a Bryn Mawr, Pa., lawyer representing Thomas Tudor.

Schwartz, who was hired by Tasha Tudor about 10 years ago to lodge a copyright suit against her former agent, said that Thomas Tudor believes his elder brother should not be appointed executor.

"We don't think he's fit," said Schwartz said in a telephone interview.

Thomas Tudor, who joined the interview later, said that his mother had been in declining health for about three years, and her home was in a state of disrepair.

Thomas Tudor said his mother previously gave him the copyrights to one of her most famous books, "Corgiville Fair," along with the rights to "A Time To Keep," and a third book.

Thomas Tudor said that he last talked with his mother about a week before her death, but that he hadn't seen her for about nine months. He said his brother denied him entry to his mother's house after her death.

Schwartz said that Thomas, Efner and Bethany Tudor were not allowed to participate in a family service for their mother held by their brother, and they have no idea whether her ashes have been buried according to her wishes.

According to her will, Tasha Tudor wanted to be interred under a favorite rose bush at her Marlboro home, along with the ashes of her famous corgi dogs, and her pet rooster, Chickahominy.

Schwartz said bad feelings between the siblings were exacerbated when Thomas Tudor's tribute to his mother, which he tried to post on a Web site Seth Tudor set up to accept tributes after her death, was refused. According to Schwartz, one of Tudor's daughters' tributes was also rejected.

Robert Hare, of Concord, N.H., a Tasha Tudor expert who has published a comprehensive 900-page Tasha Tudor bibliography of her known published work, said Friday that the world she created in her drawings, paintings and books holds a special appeal for Korean and Japanese readers, who are fascinated by the mythology of early New England. Her illustrations often featured corgis and happy children playing with elegantly dressed dolls.

Hare, who owns Cellar Door Books, has made a living selling Tasha Tudor books for the past 25 years. He says Tudor had a cult following in some circles.

Hare's Web site lists original paintings and first edition signed books for sale in the hundreds and thousands of dollars. A Web site run by Seth Tudor and his family, called Tasha Tudor and Family, has similar listings.

Richard Coutant, a Bellows Falls attorney representing Seth Tudor, couldn't be reached for comment Friday, but his law partner George Nostrand referred questions on the case to Jean Brewster Giddings, a Brattleboro lawyer who prepared Tasha Tudor's will. Giddings couldn't be reached for comment late Friday afternoon.

According to court filings, Giddings removed herself from the probate case once the challenge to the will was filed, noting she would probably become a witness to the case since she prepared the will and witnessed it.

"I'm sure any publicity would affect the public's perception of Tasha Tudor, whether the facts are right or not, or who's right and who's wrong. If it becomes a large public fight, it will affect the reputation of Tasha Tudor as well," he said.

"She was a sweet little old lady and a very creative person," said Hare, who nonetheless said that one of Tudor's favorite sayings from the famous American author Mark Twain, could have special meaning for the Tudor family.

"'Everyone is like the moon and has a dark side, which he never shows anybody,'" said Hare.