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The sentence in Heirs I stating that the personal representative
of Burke's estate had collected $170,242 contains a typographical
error; it was intended to read "$70,242". The sentence is also
garbled. Heirs II contains a correction of the typographical
error in paragraph 1.b. and makes the sentence referenced above
grammatically coherent. Heirs III contains the correction made
in Heirs II, bears the signatures of the heirs, and contains
additional changes to paragraph 1.b. Paragraph 1.b. of Heirs III
reads:
Receivables from and interest in INI Builders.
Inc. At the time of the death of Edward A. Burke,
amounts owed by INI Builders, Inc. to him were a
$100,000 bonus and $20,242 in management and other
fees. The personal representative has collected
$70,242 of these amounts. An additional $50,000 is to
be collected when the City of Shaktoolik makes another
payment on the contract with INI Builders, Inc. A
promissory note from A. Lee Petersen in the amount of
$30,757.51, with 14% interest per annum, payable in
full within two years, will be accepted in full
settlement of the balance owed for the stock of Edward
A. Burke in the corporation.
Thorpe and his brothers signed Heirs I containing the
typographical error in paragraph 1.b., then gave the signed
copies to petitioner. Thorpe never signed or reviewed Heirs II
or Heirs III. Heirs III is the version of the Heirs’ Agreement
petitioner showed O’Meara.
The terms of Heirs III raised a question in O’Meara’s mind
as to whether the payments for which INI had taken a deduction
were made in payment for the stock or as a bonus. To obviate
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