Broadway’s Merrick Fit, Can Handle Own Affairs

Broadway impresario David Merrick, producer of the hit musical “42nd Street” who suffered a stroke two years ago, has been found competent to handle his own affairs and control his $50-million fortune.

“The court finds by clear and convincing evidence that a conservator is no longer needed to care for the property and personal well-being of the conservatee, David Merrick,” state Supreme Court Justice Alvin Klein ruled Thursday.

Klein made his decision after questioning the 72-year-old producer. During his testimony, Merrick predicted a Miami Dolphins victory over the San Francisco 49ers in the coming Super Bowl game.

“So you think (Dan) Marino is a better quarterback than (Joe) Montana?” Klein asked Merrick, referring to the respective quarterbacks of the Dolphins and 49ers.

“I sure do,” Merrick replied in a voice that was sometimes slurred and hard to understand. When Klein asked him if he wanted to regain control of his estate, Merrick replied, “I do.”

Merrick’s wife, Etan, has handled his business affairs as a court-appointed conservator since he suffered a stroke in February, 1983. She had advocated ending the conservatorship.

Etan Merrick, mother of the younger of Merrick’s two daughters, testified that her husband takes an active interest in the girls’ activities, expresses his opinions “brutally” on many subjects and has traveled to supervise productions of “42nd Street.”

Klein asked if she thought the conservatorship should be ended, and she answered, “Most definitely.”