Estate of Vera M. McFarland, Deceased, Jo Meldrim, Personal Representative - Page 2

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          Vera M. McFarland at the time of her death.  Petitioner supports            
          its motion with the pleadings, the affidavit of Personal                    
          Representative, numerous exhibits, and a memorandum of law.                 
          Respondent objects to petitioner's motion.  Respondent supports             
          her objection with seven exhibits and the affidavit of her                  
          counsel, Howard P. Levine.                                                  
               For the reasons stated below, we will deny petitioner's                
          motion.  Dollar amounts are rounded to the nearest dollar.  The             
          term "Decedent" refers to Vera M. McFarland.                                
                                     Background1                                      
               The Meldrim family has worked in the turpentine and timber             
          business in St. John's County, Florida, since at least                      
          July 18, 1934, when P.J. Kemp and J.S. Meldrim were partners in a           
          partnership called Kemp & Meldrim.  On August 24, 1938, P.J. Kemp           
          sold his 50-percent interest in Kemp & Meldrim to his former                
          partner's father, J.W. Meldrim.                                             
               The partnership of J.S. and J.W. Meldrim (Meldrim & Meldrim)           
          continued from 1938 until J.W. Meldrim's death in 1945.  When he            
          died, 100 percent of his interest in Meldrim & Meldrim passed to            
          his three children, J.S. Meldrim (34 percent), Decedent                     

               1 The “facts” presented in this opinion are stated solely              
          for purposes of deciding the motion and are not findings of fact            
          for this case.  Fed. R. Civ. P. 52(a); Sundstrand Corp. v.                  
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).  Personal Representative resided in St. Augustine,              
          Florida, when she petitioned the Court on behalf of Decedent's              
          estate.  We do not know where Decedent lived at the time of her             
          death.                                                                      




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