The agreement, according to an excerpt from Wednesday's court filing, said that Mary Trump could not "directly or indirectly publish or cause to be published" any material whatsoever that concerned her relationship with the Trump family or the estate without obtaining the consent of Donald Trump, Robert Trump and Maryanne Trump Barry.
A NY court overturned the decision on Wednesday, allowing publisher Simon & Schuster to proceed with the print and distribution of Mary Trump's "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man", due for release on July 28.
Robert Trump and Donald Trump at an event in NY on November 3, 1999.
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Judge Hal Greenwald ordered a hearing next month on a request for an injunction by Mr Trump's brother Robert, who has argued that Mary Trump is not allowed to publish anything about her family as part of a settlement in an inheritance case. "And we never saw any purported agreement until this action was filed against Ms. Trump and Simon & Schuster", Simon & Schuster CEO Jonathan Karp wrote in an affidavit filed Tuesday. "We will immediately appeal", Boutrous said.
In the book, Mary, a clinical psychologist, recounts what she witnessed of the "toxic family" in the home of her grandparents, according to her publisher.
However, its publication was held back on June 30 when a judge issued a temporary restraining order against Mary Trump and Simon & Schuster.
In a statement from Mary Trump's lawyer, Mr Boutrous said: "President Trump and his siblings are seeking to suppress a book that will discuss matters of utmost public importance".
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The suggestion that money damages might be a way to resolve the legal dispute, instead of an injunction, also doesn't appear to bode well for Robert Trump's case. "As all know, there are well-established precedents against prior restraint and pre-publication injunctions, and we remain confident that the preliminary injunction will be denied", the spokesperson told TheWrap.
Earlier, Robert Trump's lawyer, Charles Harder, said they would "vigorously" litigate the case over Mary Trump's "egregious conduct" but didn't make public comment about Wednesday's ruling. That effectively enables the publisher to continue distributing copies of the book in preparation for the planned July 28 publication, even as the overall merits of the case are argued.
When Fred Sr died in 1999, Mary and her brother Fred Trump III challenged his will because they claimed that the Trump family exerted undue influence to cut them out.
But while Mary Trump has entered into a settlement, "S&S is not a party to the settlement agreement", Scheinkman noted. She and her brother Fred III said in court papers that someone in or connected to the Trump family got Fred Sr.to change his will and give them less than they expected. Instead, he said the merits of Robert Trump's petition deserved to be heard in court before the book can be published.
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The Tuesday ruling comes after a judge for the Queens County Surrogate Court in NY last week dismissed a similar attempt to block the book, citing a lack of jurisdiction.