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obtain the advice of an accountant or attorney. Because of
this requirement, Mr. Turner advised the Winklers to enter
into a written partnership agreement to memorialize their
understanding as to how the proceeds should be divided.
During their meeting with Mr. Turner, the Winklers
agreed among themselves that Mr. and Mrs. Winkler should
each receive 25 percent of the winnings, and that each of
the five children should receive 10 percent. Mr. Turner
then drafted a partnership agreement for the "E & E Family
Partnership" to reflect this understanding. The partner-
ship agreement provides as follows:
PARTNERSHIP AGREEMENT
This agreement is entered into on March 4,
1989, by EMERSON WINKLER, ELIZABETH WINKLER,
THOMAS WINKLER, CHARLOTTE SUTTER, SHARON
SWARTZENDRUBER, SUSAN LITWILLER, and DARRELL
WINKLER, collectively referred to as "partners"
and individually as "partner".
1. Name and Purpose. The partnership shall
be carried on under the name of E & E FAMILY
PARTNERSHIP. The partnership has been formed to
memorialize the family's understanding concerning
the purchase of lottery tickets. Tickets
purchased were for the benefit of the family
rather than the individual who purchased the
ticket.
2. Mailing Address. * * *
3. Winnings. In the event a ticket
purchased shall win, the payee shall be the
partnership and the partnership's income and
capital shall be distributed as follows:
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Last modified: May 25, 2011