A MAN accused of swindling his brother and sister out of their £81,000 inheritance has been sent to prison.
James Astley, 60, of Bury Fold Road, Darwen, claimed he took the cash in a suitcase when he went on holiday to Thailand. He even said he sat on the beach with it stuffed in a holdall.
But his dishonesty in stealing from his dead brother's estate cost him his freedom when he was jailed for two and-a-half years. Judge Bruce Macmillan said the offence was a gross breach of trust: " I have not the slightest doubt that you have had the use of that money."
Astley told the court he fell ill and collapsed in Thailand. When he recovered the money had gone. He agreed he didn't report the theft to police or the British Embassy.
He admitted giving his son Nicholas £7,500 to buy out his partner in the taxi firm he ran but said it was from his share of his dead brother's estate.
Astley's brother Kevin and sister Patricia Dixon were due to share equally in the £121,000 estate of their brother William, who died in 1998. Astley was granted probate following a family dispute. He gathered in most of his brother's assets but didn't pass anything to his brother or sister.
Astley said that he sent cheques to his solicitor so he could pay them to his bother and sister. But the solicitor returned the cheques after a dispute over interest owed.
He then put the cheques back in to building society accounts and claimed he was going to give them cash.
Astley had been on trial at Bolton Crown Court. He had denied stealing £81,000.
In evidence Astley said he had become stressed while dealing with the family over the estate and wasn't able to think straight.
He told the court that in that state of mind he booked a holiday to Thailand and took around £90,000 in cash in his suitcase. Before leaving he kept the money in a suitcase under his bed, even though he had a safe in the house.
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