Tracy P. Streber, F.K.A. Tracy C. Parker, et al. - Page 24

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          return for 1981 that reported an installment sale of the                    
          Northgate Forest property in 1981 and stated that the property              
          had been acquired on January 26, 1980.  Teresa and Tracy both               
          executed the settlement agreement.  Each wrote on the face of one           
          of the $2 million notes "Paid in full".  All of those actions are           
          inconsistent with the daughters’ theory that Parker received the            
          proceeds of the $2 million notes and then made gifts to the                 
          daughters.  We find that the daughters accepted gifts from Parker           
          no later than January 26, 1980.                                             
                    5.  Other Considerations                                          
                    a.  Bradish's Independence                                        
               The daughters argue strenuously that Bradish was no more               
          than Parker's tool, and, for that reason, Parker did not give up            
          dominion and control over anything until he (Parker) made a gift            
          to the daughters of the proceeds of the $2 million notes.  We do            
          not agree.  The January 8 writing is evidence of Parker's, and              
          Bradish's, concern that the daughters' interest in the potential            
          joint venture be differentiated from Parker’s and Bradish’s                 
          interests.  Witness Bradish's testimony with regard to the                  
          meaning of the expression "holds in trust for Tracey [sic] Parker           
          and Terry Parker" in the January 8, writing:                                
               Q  Will you state the meaning that you intended,                       
               please, with the selection of those words?                             
               A  Well, you know, at the deposition, I mean, we                       
               talked about guardian, age and trust.  My -- assuming                  
               there was no document and I had died, the kids would                   

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