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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 what
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