Appeal rejected in Binion will case

Friday, March 31, 2000 | 11:03 a.m.

CARSON CITY -- The Nevada Supreme Court Thursday dismissed the appeal of a woman who says she's the illegitimate daughter of Ted Binion.

She said she is entitled to a piece of his $30 million estate.

The court said all of the parties in the case have reached an agreement, calling for the appeal of Kasey Harney to be dismissed. Attorney Bruce Judd, representing Jack Binion, Binion's brother and executor of the estate, informed the court that an agreement had been hammered out. No details were made public.

Harney contested amendments to the Binion will that cut her out of $500,000 listed in two wills in April 1995 and May 1996.

But subsequent changes left her with nothing. She contested the codicils claiming they were not properly witnessed. She also claimed that Binion's daughter, Bonnie, and Sandy Murphy, who is on trial in Binion's murder, used "undue influence" to cut Harney out of the will.

District Judge Michael Cherry ruled there were no technical problems with the amendment to the will but said Harney could pursue her claim of undue influence. Harney, through her lawyer, Cary Colt Payne, filed the appeal with the state Supreme Court on the Cherry ruling.

Harney, born Jan. 7, 1974, says that when she was about 18 years old, she was told by her mother, Karen Davis, that Binion was "probably" her father.

Harney said in March 1995 she received a call from Binion, who had apparently seen her picture in the paper on a wedding announcement. They met and Harney quoted Binion as telling her he thought she was his daughter but he was not sure. At one point, he introduced her as his daughter, she said.

And he gave her gifts including gold and silver coins. They remained on good terms until his death and at no time did he indicate she was being written out of the will, Harney said in court documents.

After contesting the will in District Court and losing part of her claim, Harney filed a suit seeking $150,000 from Binion's estate. She said he had already given her $150,000.