Estate of Catherine E. Dowell, Deceased, Patricia Low, Executrix - Page 13

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          A.   Who Inherited the Agency Stock                                         
               1.   Contentions of the Parties                                        
               Respondent argues that Patricia Low inherited the agency               
          stock.  According to respondent, the language "with the                     
          understanding that she will pay" should be interpreted in one of            
          two ways.  Either the language subjected the bequest of agency              
          stock to a charge to pay her father $3,750 a month for 10 years,            
          or it created a condition subsequent to the bequest.                        
               Under New Jersey law, a charge against property gives the              
          holder of the charge a lien against the property to ensure                  
          payment.  Olsen v. Wright, 119 N.J. Eq. 103, 108, 181 A. 182, 185           
          (1935).  It is undisputed that decedent wanted to treat her                 
          children equally, though she wanted Patricia Low to eventually              
          own the agency.  Originally, the will called for $5,000-a-month             
          payments for 10 years ($600,000) to be made to Patricia Low's               
          brother.  Decedent believed the agency was worth $1 million.                
          Decedent sold 25 percent of the agency to her daughter in 1989 on           
          an installment basis that required payments of $2,500 a month for           
          10 years ($300,000).4  Respondent argues that the math of this              
          arrangement is compelling; if 25 percent of the stock can be                
          purchased for $300,000 of payments, then $600,000 of payments               


               4  A loan amortization schedule was prepared by decedent's             
          accountant which shows that this stream of payments, when                   
          discounted for a 10-percent annual interest rate, equates to a              
          beginning principal balance of $189,177.91 or $7,567.12 a share.            
          This value was also used in the agreement.                                  




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