日志
由自在飞花的故事想到的
热度 10 |||
看了自在飞花的故事，一位老人在艰苦的环境中去世，活着的时候无人问，死后留下一笔钱却差点引发了养子们的一场争斗。这令我想起了最近偶然看到的一个案例。我只记得故事，忘了案例名，刚刚搜出来，是Estate of Genecin ex rel. Genecin v. Genecin, 363 F. Supp. 2d 306，贴在下面，也做个记录。
这个案子梗概如下。一名老太太有两个儿子，一个是医生，一个是律师。老太太突然去世，留下的财产遗嘱分给两儿子。但在她去世之前，把一幅价值15万美元的画送给了其中一个儿子，并且有文书为证。结果另一儿子不服。两人进行了数年的官司，两儿子家庭都卷入，打得头破血流。法官替他们痛心疾首，教导如下。
我选择翻译最后几句：【这场自我毁灭性的争斗本不应该发生。正如法庭在庭审中指出的，双方早就应该收手了。不只是为了这两亲兄弟，而是为了他们的子女们---他们都是堂兄弟、堂姊妹，而最重要的是为了他们的慈爱的父母。法院的判决总会让一方失望。然而，法庭仍然强烈地希望这两兄弟能将这个判决作为他们人生中一个悲剧性阶段的终结，并且将此作为停止内斗并开始修复创伤的机会。】
唉，古今中外，为了利益骨肉相残的事情太多了。有时候，人们对自己的亲人甚至比对敌人还更苛刻。值得每个人反思啊。
This lawsuit is the result of an unfortunate and bitter dispute between two brothers, Victor Genecin and Paul Genecin, over the rightful ownership of two assets — a lithograph and an individual retirement account — that once belonged to their mother, Rita Genecin, who is now deceased. Rita Genecin loved her sons very much and undoubtedly was very proud of them. Both are accomplished; one is a doctor and the other a lawyer. But the Court has no doubt that were she alive today, Rita Genecin would be deeply disappointed in her sons. For they have fought each other viciously over these assets when an amicable resolution was always evident, and in the process, they have leveled distressing allegations against each other — charging each other with fraud, falsifying documents and suborning perjury. Worse yet, in their headstrong battle over these assets, it appears that they may have expended more on legal fees than either could possibly hope to recover.
The court system itself did not fail this family. Magistrate Judge William I. Garfinkel, who has a well deserved reputation for being able to settle tough cases, plaintively urged the brothers "without Court intervention, ... [to] fashion a resolution that honors Rita's wishes," and he tried to help them toward that goal. Ruling on Mot. for Prejudgment Replevin [doc. # 43] at 2. This Court itself took the extraordinary action of ordering Paul and Victor to meet with each other, along with their lawyers, during the trial to discuss settlement, because, as the Court observed to them at the time, "you owe it to yourselves, you owe it to your children, and you owe it most of all to the memories of your parents to roll up your sleeves and work as hard as you can to come up with solution that is not a vindication, that is not a victory, but ... that respects each other and your parents, and that is sensible." Tr. at 539. Yet, for their own reasons, Paul and Victor Genecin instead inexplicably chose to bring misery and calumny upon each other.
This self-destructive battle need not have happened. And, as the Court noted at trial, it should have been stopped long ago; not for Victor's and Paul's sake, but rather, for the sake of their children — cousins all — and most of all, because of the memory of their loving parents, Rita and Abraham Genecin. Inevitably, this Court's decision, like all judicial resolutions, will disappoint some. Yet, it remains the Court's fervent hope that Victor and Paul can somehow bring themselves to view this decision as marking the end of a tragic period in their lives and that they will seize the opportunity to stop the fighting and begin the healing process.
The court system itself did not fail this family. Magistrate Judge William I. Garfinkel, who has a well deserved reputation for being able to settle tough cases, plaintively urged the brothers "without Court intervention, ... [to] fashion a resolution that honors Rita's wishes," and he tried to help them toward that goal. Ruling on Mot. for Prejudgment Replevin [doc. # 43] at 2. This Court itself took the extraordinary action of ordering Paul and Victor to meet with each other, along with their lawyers, during the trial to discuss settlement, because, as the Court observed to them at the time, "you owe it to yourselves, you owe it to your children, and you owe it most of all to the memories of your parents to roll up your sleeves and work as hard as you can to come up with solution that is not a vindication, that is not a victory, but ... that respects each other and your parents, and that is sensible." Tr. at 539. Yet, for their own reasons, Paul and Victor Genecin instead inexplicably chose to bring misery and calumny upon each other.
This self-destructive battle need not have happened. And, as the Court noted at trial, it should have been stopped long ago; not for Victor's and Paul's sake, but rather, for the sake of their children — cousins all — and most of all, because of the memory of their loving parents, Rita and Abraham Genecin. Inevitably, this Court's decision, like all judicial resolutions, will disappoint some. Yet, it remains the Court's fervent hope that Victor and Paul can somehow bring themselves to view this decision as marking the end of a tragic period in their lives and that they will seize the opportunity to stop the fighting and begin the healing process.
发表评论 评论 (6 个评论)
- 回复 自在飞花
- the two sons, one is a doctor and the other a lawyer. 真是想不通啊, 他们可是很有钱的富人一族。人的贪欲和私念确实无穷无尽。 法院的判决写得情真意切，为了他们的孩子成长，也为了父母的心愿，他们应该停止战斗，愈合伤痕。希望这样的自私闹剧少一些为好。
- 回复 岳东晓
- [they have leveled distressing allegations against each other — charging each other with fraud, falsifying documents and suborning perjury.]
自在飞花: the two sons, one is a doctor and the other a lawyer. 真是想不通啊, 他们可是很有钱的富人一族。人的贪欲和私念确实无穷无尽。 法院的判决写得情真意切， ...
- 回复 自在飞花
- 相互之间这么大的仇恨, 还是亲人之间, 真正值得反思.
岳东晓: [they have leveled distressing allegations against each other — charging each other with fraud, falsifying documents and suborning perjury.]
