Simon estate to be settled in trial

NOBLESVILLE, Ind. (WISH) - “I hope they rot in hell”

These words were said by billionaire Mel Simon’s second wife, Bren, as she talks about his kids. She described them as money hungry brats as their father’s health failed before his death in September.

In the end, it's a bitterly big family feud. Big because it's over billions, bitter because of the venom spewed on both sides.

The two sides were at war Thursday in the Hamilton County Superior Court, where the temperature inside dwarfed the heat outside. Judge William Hughes pulled no punches in showing visible frustration, at one time throwing his hand to his head in exacerbation.

It's a family feud over what Simon said: Mel Simon, the mega mall magnate and Pacer’s owner. The fight over his fortune pits Bren against his kids from a first marriage, led by daughter Deborah.

Shortly before Simon died he made drastic changes to his long-standing will with a literal helping hand from an assistant. His kids claims their father couldn't have had the capacity, suffering form multiple ailments including mind killing dementia. The tweaks upped Bren's stake from 1/3 to 1/2, a move worth as much as $300 million. The move also put Bren in control as trustee and drastically reduced his children's stake.

His daughter Deborah is now fighting it, but refused comment during a recess in court. Her immediate goal is to remove Bren as trustee, saying in part that she doesn't like Mel's kids.

Deborah's attorney cites emails purportedly written by Bren (saying of the kids), "I hope they rot in hell as far as I'm concerned.”

She also emailed security at the Simon’s Bel Air mansion, “Keep all Simon family members off the property.”

In sworn testimony today, Bren said she was devastated, and “(the kids) were cruel.”

Bren described the case as being petty and pathetic, and she says this case could potentially hold up her charitable giving to Riley Hospital for Children, and others.

She describes the kids, including current Simon Properties president David Simon, as money hungry and more concerned about the will than their Dad’s fight for life. Bren said David never stopped by the house and was always out playing golf.

Bren went on to say that at a Simon Property company board meeting David insulted his father Mel. Mel came home crying and said “I have to resign the board.”

The case of Simon v. Simon continues, billions in the balance.