- 7 - she claimed that she was a mortgagee in her suit against Petron, she now claims that she had an equity interest in the King Trust Properties. Some of the documents in evidence dealing with Evelyn's interest in the King Trust Properties are inherently contradictory. Some of the documents support her claim as a mortgagee, but because she now claims an equity interest, she points to other documents. One of these documents, entitled "Agreement to Form a Joint Venture", has an execution date of August 3, 1988, which precedes Evelyn's suit against Petron by more than a year. The document purports to make her a 25-percent partner in the King Street venture in return for forgiveness of its $350,000 indebtedness to her. She asserts that this agreement entitles her to a $350,000 loss from the foreclosure sale. Petitioners' testimony was also evasive. Evelyn, while a trustee of several rental properties, denied knowing who the beneficiaries of the trust were or who collected the rent. Presumably the other trustee, her son Ara, would have known this information, but while he was at the trial, he failed to testify. When Evelyn was asked about one of the properties, 10 Bourne Street, Worcester, Massachusetts, she recognized the property as a three-family home, but then responded, "I don't remember. I had something to do with it, but I don't remember in whatPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011