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Gleave took a purchase-money mortgage on his sale of Ted’s
Nursery; this is consistent with part of Gleave’s bankruptcy
petition. There also was testimony that Gleave put into
Kenmore’s Account the $550 monthly payments on the purchase-money
mortgage. The record does not enable us to conclude by clear and
convincing evidence that $6,600 per year of the deposits into
Kenmore’s Account did not come from payments on the purchase-
money mortgage from the sale of Ted’s Nursery.
Petitioners assert that “Approximately $70,000, was placed
in [Kenmore’s Account] reflecting the inheritance of * * * Gleave
and his brother Terrance”. It appears that, on September 2,
1980, the estate of Gleave’s grandmother (Edith Service)
distributed $30,900 to Gleave and the same amount to his brother,
Terrance J. Gleave. At various points in the trial, Gleave
testified to the effect that (1) he received his brother’s check,
as well as his own, because his brother owed money to him, (2)
both Gleave’s and his brother’s checks were deposited into
Kenmore’s Account as a loan by Gleave to Kenmore, and (3) as of
the time of the trial, Kenmore had not yet repaid this loan from
Gleave.
However, we have carefully examined the evidence as to
deposits into Kenmore’s Account, and the only deposits involving
checks at least as great as $30,900 in Kenmore’s fiscal 1981 are
checks of $34,575.24 and $35,719.96, on August 18 and 20, 1981,
respectively, deposited about 11� months after the apparent
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