From KKD: Wonderful Decision in Marjorie Ivy Case–Marjorie’s death was intentional says trial court probate judge McGuire under Illinois Slayer Statute

Here is the decision:

The decision was fair and well reasoned. The estate of Mordecai Faskowitz (the murderer) will NOT benefit from the horrendous stabbing death of Marjorie Ivy! (Not long before their deaths, Miriam Solo Greenfield prepared testamentary documents leaving Mordecai’s assets to her son. Miriam Solo was the sister of Mordecai.) Mordecai stabbed poor Marjorie 40 times, slit her throat and then “sliced her” to be sure she was dead.

Some important excerpts from this case:

On October 3,2013, during a well-being check, Chicago police officers discovered the
body of Marjorie G. Ivy (“Decedent” or “Marjorie”). It was later determined that her death was the result of homicide committed by her long-term partner, Mordechai Faskowitz (“Mordechai”).
The criminal court proceeding found that Mordechai was not guilty by reason of insanity
(“NGRI”) for causing Marjorie’s death.

On May 16, 2014, Judge Karen O’Malley (“Judge O’Malley”) named Marjorie’s nephew,
Christopher Ivy (“Petitioner” or “Ivy”), the Independent Administrator of her Estate. Marjorie
died intestate, leaving several nieces and nephews as her heirs at law. However, prior to her
death, she named Mordechai as a beneficiary on a number of assets.

In June 2018, Judge O’Malley granted Ivy’s motion for summary judgment. Judge
O’Malley ruled that Mordechai was ineligible to inherit under the Slayer Statute because, in
order for Mordechai to claim the NOR! defense in the criminal case, the State was required to prove each element of each offense charged beyond reasonable doubt. Judge O’Malley reasoned that since Mordechai was determined to be NOR! for first degree murder, there was no genuine issue of material fact regarding as to whether he intentionally and unjustifiably caused Marjorie’s death.

The appellate court disagreed. The appellate court found that, for purposes of the Slayer
Statute, the criminal court did not rule as to whether Mordechai “intentionally” caused
Marjorie’s death. See Ivy v. Faskowitz (In re Estate a/Ivy), 2019 IL App (1st) 181691 , ~85.
Specifically, the criminal court did not identify whether Mordechai intended to kill Marjorie,
cause great bodily harm, and/or if he knew that his acts would cause her death. Id. at ~47 . The matter was remanded to this Court for an evidentiary hearing. Id. at ~87. While on appeal, Mordechai died on May 15, 2019, and Judge O’Malley was re-assigned
to the Law Division since the case was remanded. Accordingly, this Court has decided several issues on remand.

First, this Court disqualified Miriam Solo Greenfield (“Solo”) from serving as the Estate of Faskowitz’s (“Respondent” or “Faskowitz’s Estate”) attorney and witness. Solo is Mordechai’s sister and the Executor of his last will and testament. Further she provided testimony at this trial and one of her children is the sole beneficiary of Faskowitz’s Estate, which stands to benefit from Ivy’s Estate.

Portions of the criminal trial transcript that contain stipulated statements from Dr.
Christiana Floreani ‘s (“Dr. Floreani”) were admitted as Petitioner’s Exhibit 7 (“Pet. Ex. 7”). Dr. Floreani is a psychiatrist who was ordered by the criminal court to evaluate Mordechai. Pet. Ex. 7, p. 150-51. Her evaluation consisted of interviewing Mordechai and Solo, and reviewing police reports, other psychiatric evaluations, medical records, and Mordechai ‘s own handwritten documents. Jd. at 151.

A Certified copy of Solo ‘s response to Independent Administrator of the Estate of Ivy ‘s
First Set of Requests to Admit was admitted as Petitioner’s Exhibit 2. Mordechai ‘s Last Will and Testament was admitted as Petitioner’s Exhibit 4. Mordechai executed his will on May 4, 2019 and died on May 15, 2019. (notice how close those dates are together and do not forget that Solo drafted these documents and further that Mordechai was in Elgin mental institution at the time that he signed these documents). He named Solo ‘s son, Avrohom Soloveichick, as his sole beneficiary. Finally, the Verified Motion to Spread Death of Record of Mordechai Faskowitz was admitted as Petitioner’s Exhibit 5.3

C. Examination of Miriam Solo Greenfield
Solo is Mordechai’ s sister and the independent executor of his last will and testament. Id.
167 -68. Her son, A vrohom Soloveichick, is the sole beneficiary of Mordechai’ swill. Id. at 260-

  1. Solo testified to her experiences with Mordechai’s ongoing mental health issues. She
    reported Mordechai’s symptoms started in his late 20s, but he had “his first break with reality”when he started acting erratically and ranting about various delusions at a bar mitzvah. Id. at 178-80. These breaks with reality included paranoid delusions about the Irish mafia, skinheads, demons, the CIA, and the FBI. Id. at 180. Mordechai stated that everyone should eat raw rats to prevent the evils of the world. Id. at 177. Shortly thereafter, Mordechai was hospitalized and it became clear that his mental health symptoms improved with medication. Id. at 179-80.

  2. Solo testified that sometime either before or after the hospitalization, she received a
    “science fiction letter” from Mordechai that contained his ongoing delusions about skinheads, the government, and Satan cultists. Id. at 180-81. Mordechai hand wrote the letter, copied it, and sent it out to about 70-80 people, including prominent religious figures . Id. at 181 .

  3. In 2003 Mordechai was involuntarily hospitalized after he crashed his car due to the
    belief that the CIA was chasing him. Id. at 222. Mordechai remained hospitalized until 2010,
    when he was able to get an apartment through Thresholds’ rehab facility. Id. at 223. Solo stated that around this time, Mordechai was back to his normal self. !d. at 224.
    In June 2013, Solo reported that Mordechai’s demeanor was calm and happy. Id. at 230-
  1. In August 2013, Solo received a second letter (“Respondents Exhibit 1”) from Mordechai
    that was almost identical the previous letter he sent out.4 Id. at 185. This letter did not mention 4 lnitially Mordechai ‘s Estate offers the 20 13 letter as exhibit as Respondent Exhibit 2 (Transcript, p. 183), but later clarifies that this letter is Respondent’s Exhibit I (Transcript, p. 246). Additionally, Respondent or the court reporter is confused on whether the second of Mordechai ‘s two letters was written in 2013 or 2003.
    the word demon or Marjorie ‘s name. Id. at 263. Solo was concerned by the letter and tried to contact Mordechai. Id. at 227. She was unable to contact Mordechai until late August when her friend found him wandering the streets. Id. at 227-28. Solo testified that Mordechai was agitated and pacing, “smelly, dirty, and had lost weight.” !d. at 230, 232. Solo reported that Mordechai refused to answer whether he was taking his medication. Id. at 232. She attempted to call Thresholds but was unable to get through so Mordechai stayed at her house for a few weeks. Id. at 234-37. While at her house, Mordechai ‘s condition did not improve, and he would call Solo hundreds of times a day because he believed people were “tapping the phones.” id. at 235-37.
    In early September of 2013, Mordechai left Solo’s home after one of her sons returned
    home to celebrate an upcoming Jewish holiday. Id. at 240. Solo testified that Mordechai believed that her son had to leave because he was an evil force. Id. at 239. Sometime after Mordechai left, Solo discovered that he was hospitalized, but she was unable to obtain information as to why. Id. at 242. Mordechai called Solo after he was discharged from the hospital, but told her that he escaped and then began ranting about his ongoing delusions including that Marjorie was overtaken by evil force. Id. at 243-44.
    Solo testified that she was contacted by the hospital Mordechai was staying at after he
    killed Marjorie. Id. at 245-46. She reports that Mordechai was refusing to eat, unless he was
    brought raw rats. Id. at 246. Solo testified that when she finally got to speak with Mordechai he seemed paranoid and confused. Id. at 247
    By the time of the criminal trial in 2016, Solo stated that Mordechai was taking his
    medication and had “calmed down.” Id. at 248. Solo reported that she had a conversation with Mordechai about killing Marjorie, 12
    “[h]e talked about that he was insane when he had done this, that he didn’t realize what
    he was doing, that he loved [Marjorie], that he never would have hurt her, that his
    delusions were caused because he couldn’t get his meds.” Id. at 251.

On Solo’s behalf, she made the (very weak argument as follows):

  • Solo testified to Mordechai ‘s history with mental illness and the delusions he had
    close to the time of Marjorie’s death. She testified Mordechai stated that Marjorie was
    taken over by evil force. Solo’s testimony is consistent with the accounts given by Dr.
    Floreani, Dr. Seltzberg, and Theoharopoulos. [Faskowitz’s Estate makes an argument
    regarding an affidavit by Solo as well as her responses to interrogatories. While the
    estate contends that these documents are in the record, neither of these documents,
    were entered into evidence during bench trial.]

Section 2-6 of the Illinois Probate Act (“Slayer Statute”) states, in pertinent part, as follows:
A person who intentionally and unjustifiably causes the death of another shall not
receive any property, benefit, or other interest by reason of the death, whether as
heir, legatee, beneficiary, joint tenant, survivor, appointee or in any other capacity
and whether the property, benefit, or other interest passes pursuant to any form of
title registration, testamentary or nontestamentary instrument, intestacy,
renunciation, or any other circumstance. The property, benefit, or other interest
shall pass as if the person causing the death died before the decedent, provided that
with respect to joint tenancy property the interest possessed prior to the death by
the person causing the death shall not be diminished by the application of this

Further, evidence of Mordechai’s awareness that he killed a person can be found in
Harrington’s testimony. Harrington testified that Mordechai asked him “to come pick up a killed body.” Transcript, at 49 & 52-53. When Harrington responded that the police needed to be called, Mordechai stated he did not want the police involved and hung up. !d. at 50-51.

In conclusion, the court stated:

For the reasons stated above, the Court finds that Mordechai Faskowitz intentionally and
unjustifiably killed Marjorie Ivy. Accordingly, Mordechai and his estate are barred under the
Slayer Statute from receiving any benefit or distribution from the Estate of Marjorie Ivy.

Judge McGuire made the correct decision. In no way should Mordecai’s sister and her child benefit from the horrendous slaying death of poor Marjorie Ivy.

And the amount distributed to the relatives of Marjorie Ivy in no manner can ever compensate for such a horrid, horrid death.

And finally, I find it to be way to much of a coincidence that 1) Mordecai isn’t taking his meds and his sister Solo knows but does not make sure he stays safe in a facility; 2) Mordecai’s sister Solo prepares testamentary documents for Marjorie leaving everything to Mordecai, who in turn leaves his estate to Solo’s disabled son; 3) the documents are prepared and Marjorie is murdered; 4) Mordecai is placed in Elgin psych hospital where he signs documents to leave his estate to Solo’s disabled son; 5) Mordecai soon dies.

Anyone notice a pattern here?

Remember Solo was involved in a questionable estate in Florida which was investigated by the Florida ATG where Mordecai was the forgotten child who was not left a dime. (Elsewhere on this blog)

Now we have the Majorie Ivy questionable estate where two people died.

Solo is currently involved in the Estate of Ralla Klepak, another interesting case.

And I’m just noticing the facts. Nothing more. You my dear reader can draw your own conclusions.