Queens County Surrogate Court Judge Peter Kelly cited “several improprieties” in Robert Trump’s filing that rendered it “fatally defective”—including that it was based on the official disposition of patriarch Fred Trump Sr.’s estate, which wrapped up in 2001 and is thus for legal purposes “nonexistent.” That settlement included a confidentiality clause that niece Mary Trump signed, and which the elder Trumps have argued prevents her from publishing the sort of titillating family secrets her memoir is set to contain.
But Kelly asserted that his court could not provide the declaratory judgment blocking the book that Robert sought, and recommended the Trump brother try his luck in the New York State Supreme Court, which oversees civil and criminal matters. The Surrogate Court strictly handles the wills and assets of the deceased.
Charles Harder, the attorney representing Robert Trump and who also represents the President, said his client will continue to pursue legal action.
“Robert Trump, Mary Trump and the other family members who settled in 2001, agreed to jurisdiction of future disputes in the Surrogate’s Court of Queens County, New York,” Harder said in a statement. “This matter therefore was filed in that court.”
He said that he would file a new lawsuit in the New York State Supreme Court.
According to Amazon, the book. Too Much and Never Enough, will be released on July 28, 2020.