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Thomas Smart Obituary
AUGUST 25, 1949 - NOVEMBER 7, 2023
SANTA FE - Thomas Austin Smart, retired trial attorney and passionate equestrian, passed away on November 7, 2023, at the age of 74 in Santa Fe, New Mexico. Born on August 25, 1949, in Wichita, Kansas, to Elisha Albert Smart and Bertha Eloise Diels, Thomas was raised in the neighboring cities of Prairie Village and Leawood, Kansas. A 1967 graduate of Shawnee Mission East High School, he graduated from Dartmouth College in 1971 and the University of Pennsylvania Law School in 1974.
Thomas married Maxeen Schwartz in 1975 in Denver, Colorado, and started his legal career at Davis, Graham & Stubbs. The next year, he joined the law firm Kaye Scholer in New York City, where he became a partner and spearheaded the development of Kaye Scholer's trademark and copyright practice beginning in the 1980s. Known for his aggressive demeanor on cross examination, Thomas was described in an article by one trial reporter as a "double for Christopher Walken," noting that Thomas "channeled the actor's most intimidating characters."
As a child, Thomas spent summers herding cattle at his uncle's ranch in Colorado, and in adulthood he rediscovered his passion for horseback riding. After retiring from Kaye Scholer, Tom left New York for Santa Fe, where he settled on a small ranch with three horses. In his retirement, Tom cared for his horses himself at his home in Santa Fe, where he mucked, fed, watered and rode the horses daily.
Around the corner from his home in Santa Fe, Tom built a cross country jumping course spanning twenty jumps and fifty acres. The cross country course was frequently enjoyed by Tom, his friends, and other members of the Santa Fe equestrian community. Tom frequently competed and placed in competitive show jumping events across the country. He continued jumping and competing all the way into his seventies, and indeed up until the week of his death.
Thomas is remembered as a dedicated lawyer, a loving father, and a friend to many in the equestrian world. Tom is survived by his sons, Cody Austin Smart (Kaitlin) of Nashville, TN, and Zachary Albert Smart of Florida; his sister, Sandra Tonso of Rio Verde, AZ; and his niece, Kimberly Rolfe (Wyatt), and their family. He was preceded in death by his wife, Maxeen Smart, and his parents.
A Celebration of life will be held in the spring in Santa Fe, NM.
To plant trees in memory, please visit the Sympathy Store.
Memories and Condolences
for Thomas Smart
Michael Hug
May 20, 2024
To Tom
May your irons be filled with boots that ride
With the spirit that carried your heart with such pride
Be now as one with your most gallant steed
In rhythm with hoofbeats, the pleasure you need
Begin now together at a gathering pace
With nostrils flaring and wind in your face
No longer to rush it, it was never a race
Your journey remembered, you were always
First place
Michael F. Hug
5/11/2024
Deborah Warnhoff Enterline
February 25, 2024
Three of us ladies who lived in Leawood and were in high school and earlier with Tom had a reunion several years ago at his place in Santa Fe. We drank some wine and watched the sunset from his upper deck. He was one of the most intelligent fellows in school, and his intelligence carried him many exciting places. It was so nice to see him after so many years. Condolences to all.
Megan
February 4, 2024
I am so very sad to find out about this loss. I met Tom back in 2012 when he purchased my horse Rocky from me & we have stayed in touch over the last decade. I will never forget his generosity in inviting me to visit him and the horses in 2021. My heart goes out to his family & I hope Toby, Rocky, & Scandal found a soft place to land.
Kim
November 30, 2023
Tom and Maxeen were our glamorous NYC family when I was a child, my gracious NY hosts when I was a college intern, and an incredible example of two partners building a loving home and a wonderful family. Tom´s engaging wit, powerful intellect and generosity of love will be greatly missed. The world is better for his being in it.
Love you, TAS.
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Carol Hamilton
November 29, 2023
I was just out to his property for a valuation. We toured it with pride. He spoke of his past wife and sons with adoration. He had passion for his horses, and his family. With deep condolences
Wendy
November 27, 2023
My deep condolences to Cody and Zach. Your dad was very proud of you both. As you know,Tom was a very dear, loyal and caring friend of mine. We spent many happy times and hours on the phone together talking and laughing. I shall keep him close to my heart always.
Cody Smart
November 24, 2023
Cody Smart
November 24, 2023
Roberta Poritsky
November 23, 2023
Candy
November 22, 2023
My heart hurts for you, my cousins. I'm sorry you are going through this. I am glad we have some really good memories to share- Thanksgiving dinner, California (that was really special to be included for), and of course the stories to keep loved ones' memories present in our lives. May the pain soften into good memories and smiles, and may days feel lighter soon. Love you. -Candy
Kendel dreyer
November 22, 2023
I met Tom when he first moved to Santa Fe. We shared a love of horses and often went riding together. Later he asked me to care for his horses when he was traveling and I know how much he loved Toby, Rocky and Scandal. He called on me and my husband, Troy, when he needed maintenance help around the property. Tom was a generous soul with a good sense if humor and love of life. He became a good friend to us both and we will miss him.
Chenoa McElvain
November 21, 2023
Chenoa McElvain
November 21, 2023
Chenoa McElvain
November 21, 2023
Chenoa McElvain
November 21, 2023
Chenoa McElvain
November 21, 2023
Chenoa McElvain
November 21, 2023
A few years, when he came to my barn looking for a new trainer and after his lesson he was so excited and appreciative. And every week after that he would come for his lessons, and everyday he was appreciative and excited.
Zach Smart
November 21, 2023
My father was everything to our family. He was generous, caring, kind, funny, and always preached vital concepts of life. He was a passionate man who loved his family first and foremost, his practice as a trial lawyer, and horses.
Tom was not for everyone, but to know him was truly to love him. He brought kindness and humor into every relationship he sustained over time. He was a mentor to many in the law business, setting an example with his unrivaled work ethic.
Tom was an exalted figure in Kaye Scholer, where his fiery competitive nature and outgoing personality was infectious.
Tom found true happiness in Santa Fe, where he adapted to the horse community. The last years of his life were spent around his family and his beloved trio of horses: Toby, Rocky, and Scandal.
He is truly a loving father and will be sorely missed.
Zach Smart
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