Alice Berger, et al. - Page 30

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               We find that Alice Berger read and adopted the statements              
          contained in Exhibits 46-AT, 57, and 58.  Therefore, they are               
          party admissions and not hearsay.  Fed. R. Evid. 801(d)(2)(B).              
          Issue 1(c).  Exhibit 59, Letter From Alice Berger's Divorce                 
          Counsel to Judge Fundler                                                    
               Alice Berger asserts that a letter dated April 13, 1987,               
          from Dr. Forgotson to Judge Fundler is hearsay and objects to its           
          use to prove that she was an owner of the Woodbine business.                
          Respondent asserts that it is a party admission.  See Fed. R.               
          Evid. 801(d)(2).  We agree with respondent.                                 
               Rule 801(d) of the Federal Rules of Evidence provides that             
               A statement is not hearsay if--* * * (2) Admission by                  
               party-opponent.--The statement is offered against a                    
               party and is * * * (C) a statement by a person                         
               authorized by * * * [him] to make a statement                          
               concerning the subject * * * .                                         
               On March 13, 1987, in the case of Berger v. Berger, No. FM-            
          09545-87 (N.J. Super.), Judge Fundler ordered Howard Berger to              
          make certain payments to Alice Berger.  On April 13, 1987, Dr.              
          Forgotson, acting as Alice Berger's counsel in the divorce                  
          proceeding, sent Judge Fundler the April 13 letter to clarify his           
          March 13 order.  In the April 13 letter, Dr. Forgotson stated               
          that "Mrs. Berger owns one half interest in the Woodbine Cemetary           
          [sic] business.  Any sums payable by the cemetary [sic] are                 
          therefore coming out of her share of the business as well."                 
               We find that Dr. Forgotson's statements in the letter to               
          Judge Fundler were authorized by Alice Berger; therefore they are           





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