As warring factions of the late R&B singer and songwriter Teddy Pendergrass' family took their battle over his estate to court, a nurse who cared for Pendergrass claimed the singer confided in him about his wishes.
Gordon Nicholson, a private-duty nurse who cared for Pendergrass at his Lower Merion home in 2009, testified in Montgomery County Court on Wednesday that Pendergrass, who died in January 2010, told him he wanted his last checks “to bounce” and didn't want his children to get anything.
“He told me he wanted them to work for it. He's made that statement to me more than a dozen times,” Nicholson testified before county Judge Stanley R. Ott, the Orphans Court judge who is presiding over the trial at which Teddy Pendergrass II, Pendergrass' son, and Joan Pendergrass, Pendergrass' second wife, are battling over the rights to the singer's estate.
Nicholson testified Pendergrass, known for hits such as “If You Don't Know Me By Now,” confided in him as the two were enjoying time outdoors in a park off the Schuylkill River near Gladwyne, as Pendergrass faced upcoming colon surgery in the summer of 2009.
“He talked about how much he loved Joan. I got the impression he didn't think he was coming out of this alive. It's just the way he was talking,” Nicholson recalled while testifying for lawyer Don P. Foster, who represents Joan Pendergrass. “Prior to that, he had said Joan was taking over the estate.”
Pendergrass II, who is represented by lawyer Timothy J. Holman, claims a will executed on May 24, 2009, names him executor and beneficiary of his late father's estate.
Joan Pendergrass, who married the singer in 2008 and once claimed to have a conflicting document, or codicil, that gave her control of the estate, has the burden of proving that the will naming the younger Pendergrass as beneficiary is not valid.
Judge Ott, who will make the final determination in the civil matter, began taking testimony Wednesday during a trial that is expected to last several days.
The battle is unique because there is more to the estate than traditional things such as bank accounts and property. There is also Pendergrass' legacy that is a matter of concern.
“There's the issue of the legacy here, sort of so who will be making decisions going forward,” Holman explained. “Ultimately, the party who prevails in this case will essentially be making decisions about, for example, the use of the name of Ted Pendergrass and what have you, those sorts of things.”
Foster revealed in court that he will call several witnesses to bolster Joan Pendergrass' position. Nicholson was the first witness called by Foster.
Nicholson testified he was one of three caregivers who shared round-the-clock care duties for Pendergrass, who was left a quadriplegic after a 1982 car crash in Philadelphia.
“Anything we take for granted I would have to do for him,” said Nicholson, who described in detail for the judge Pendergrass' physical limitations and health care needs. “He couldn't hold anything himself. He had to have somebody do everything for him.”
As far as Nicholson was aware, Pendergrass did not have the motor skills to sign his name or to make initials on paper, according to testimony.
Testimony revealed Pendergrass had a colonoscopy in May 2009 and was diagnosed with colon cancer for which he underwent surgery to remove a tumor in June 2009. Pendergrass died on Jan. 13, 2010, after spending many months in the hospital.
One issue explored during testimony was whether Pendergrass, who had a driver and traveled in a specially equipped van, could have left his Flat Rock Road home in May 2009, without nurses being aware, to finalize a will that named his son as beneficiary.
Nicholson implied that assuming all the caregivers followed the nursing protocols it was “impossible” for Pendergrass to be absent from the home for more than an hour without the nurses knowing it. Nicholson added security at the home was tight because of concern about a female stalker who had been harassing Pendergrass at the time.
But under cross-examination by Holman, Nicholson conceded that if Pendergrass wanted to leave the house, he wasn't obligated to tell the nurses or to share his private business with his caregivers.
“If he wanted to, he could leave the house alone without you?” Holman asked Nicholson.
“He could do that,” Nicholson replied.