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FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
A. Decedent and Decedent's Estate
Decedent, a resident of Broward County, Florida, died
testate on August 30, 1989. In 1986, decedent owned all of the
stock of Beth W. Corp. (described below at par. B-1). She
established a revocable trust and irrevocable trusts #1, #2, and
#3 (described below at par. C) and transferred some of her stock
to them before she died. Decedent was the president of Beth W.
Corp. when she died.
Jewell Pollett (Pollett) is decedent's granddaughter.
Pollett saw decedent about 3 times a week during the 10 years
before decedent died. Pollett spoke with decedent on the
telephone daily and did personal things for her such as pay some
of her bills.
The Broward County Probate Court appointed First Union
National Bank of Florida (First Union) to be the personal
representative of decedent's estate on January 5, 1990. First
Union published a notice of administration to creditors and
interested parties on January 12, 1990. Beth W. Corp. timely
filed a claim for $1,711,321.72 with the Broward County Probate
Court stating that decedent owed Beth W. Corp. that amount.
First Union did not file an objection to this claim.
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