- 75 -
Based on the assertions in, and the nature of, the instru-
ments of transfer with respect to Traveluck, Double Wealth, and
Forward, we conclude that the persons signing those documents
intended to assert expressly that one share of the stock of each
of those corporations was, or was to be, held in the name of Mme.
Koo.49 Accordingly, those documents fall within the definition
of hearsay in rule 801(c) of the Federal Rules of Evidence, and,
pursuant to rule 802 of those rules, we will not admit them into
evidence.
The respective stock certificates of Traveluck and of For-
ward to which respondent objected (1) certified that Mme. Koo was
the owner of one share of the stock of each of those corporations
and (2) further stated, inter alia, that each corporation had
caused its respective officers to sign the respective certifi-
cates in witness of that certification. Obviously, by having
signed the respective stock certificates as officers of Traveluck
and Forward, the persons signing those certificates intended to
assert that Mme. Koo owned one share of the stock of Traveluck
and Forward, respectively. Accordingly, those stock certificates
fall within the definition of hearsay in rule 801(c) of the
Federal Rules of Evidence, and, pursuant to rule 802 of those
49 We note that none of those instruments of transfer estab-
lishes whether or not Mme. Koo was the beneficial owner of the
one share of stock of the corporation to which each relates or
was holding such stock for some other person.
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