A Manhattan grand jury heard testimony for almost a month about the district attorney's investigation of how Marshall and Morrissey managed Astor's estate.

Ross said Morrissey was out of town Monday and would return later in the week. He said he thought Marshall would be arraigned today.

Marshall's current lawyer, Kenneth Warner, did not immediately return a telephone message seeking comment Monday. Prosecutors declined to comment.

Philip Marshall's spokesman, Frazier Seitel, said his client had testified before the grand jury. Seitel said banker David Rockefeller, who had spoken out on behalf of Philip Marshall's side of the dispute, had not.

Astor, known for decades as the grande dame of New York society and philanthropy, gave away nearly $200 million to institutions such as the New York Public Library and Carnegie Hall and to other causes.

In the final year of her life, the nasty family feud over her care was splashed all over the city's tabloids - including allegations that she was forced to sleep on a couch that smelled of urine while subsisting on a diet of pureed peas and oatmeal.

Anthony Marshall is a former diplomat and producer who won Tony awards in 2003 and 2004. He has denied allegations that he abused his mother's trust - saying that he cared about her more than anyone else.

In the early 20th century, the Astor family spent many summers at its Beechwood mansion on Bellevue Avenue in Newport, R.I. The building still offers tours and performances featuring actors portraying the Astor family.