More than two years after Murrysville businessman Joseph "Junior" Hall died, it will be up to a Westmoreland County judge to decide who should control a $2.7 million trust left to tiny Export Borough.
Common Pleas Judge Gary Caruso will have to determine whether Hall wanted borough officials or an independent board of trustees to control the money.
Attorneys representing Hall's estate, put in place last year by the state Attorney General's Office and trustees of the board to oversee the bequest, met Monday with Caruso in an attempt to reach a settlement in a dispute that has delayed the payout of Hall's $5.5 million estate.
Hall, who owned a construction firm, was known for dressing up as Santa Claus and driving around the region in a green Cadillac adorned with a stuffed reindeer to hand out gifts and candy to children. He died April 14, 2006 at age 77.
In his will, he left Export $950,000 in cash and property, while asking that a $2.7 million trust be set up to dole out money to pay for aesthetic improvements in the borough of 900 residents.
Control of the $2.7 million trust is at the heart of the dispute.
"Our position is that it should be an individual trust overseeing the funds," said Robert Lightcap, the attorney for the Hall estate.
Les Mlakar, attorney for the trust, referred all questions to Lightcap.
Members of the Attorney General's Office, who declined comment yesterday, contend borough council should have the final say in how the money is spent.
Export Mayor Robert Campagna, who referred the case to the attorney general, argues the trust should be administered by financial experts.
In court documents filed last month, the Attorney General's Office contested Hall's will, contending that a trust set up last year could present a conflict of interest because trustees were associated with the borough.
The state asked for an itemization of expenses incurred by the estate and the exact values of the properties Hall left to the borough. A spokesman for Attorney General Tom Corbett said there were more than $100,000 in questionable expenses incurred by the trust.
Those issues have been resolved, Lightcap said.
Since the initial court filing, the Attorney General's Office has revised its challenge. Initially, Corbett argued there might be a conflict of interest involving trust board member Wes Long, Export's solicitor and the son of Earnest Long, one of two administrators of Hall's estate.
Wes Long and four other members were appointed to the trust board at the request of Earnest Long. Caruso approved the appointments last year. Hall's will does not specify who should serve on the trust board.
"We're sure (Hall's) intention was to have an individual board of trustees," Lightcap said.
The Attorney General's Office now contends that Hall's will provided for borough council to control the trust.
Caruso said he will have to interpret paragraph 25 of the will, which specifies that a portion of Hall's estate -- valued at about $2.7 million -- was to be bequeathed to Export and placed in a trust.
Caruso asked attorneys for the trust and the state to submit written arguments by the end of the month. A ruling could be made before the end of the year.
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