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Petitioner concedes, solely for purposes of this motion,
that the transfers that Dilworth made with respect to decedent's
Chapote limited partnership interest constitute voidable
transfers.
Prior to decedent's death, neither decedent nor Dilworth (on
behalf of decedent) took any action to avoid the transfer of
decedent's limited partnership interest.
Decedent died testate on February 9, 1994, in Bexar County,
Texas. Pursuant to the terms of decedent's last will and
testament, which was admitted to probate in the probate court of
Bexar County, Texas, Dilworth was appointed independent executor
of decedent's estate. However, Dilworth subsequently resigned as
independent executor and John B. McNamara, Jr. (McNamara) and
Clayborne L. Nettleship (Nettleship) were appointed successor
independent executors of decedent's estate.
Subsequent to decedent's death, neither Dilworth, McNamara,
nor Nettleship has taken any action to avoid the transfer of
decedent's Chapote limited partnership interest. Further,
petitioner's Motion for Partial Summary Judgement includes as
attachments affidavits executed by Corinda C. Mueller, Kay S.
Nettleship, Nancy W. McNamara, Dorothy W. Abott, Anne C.
Callahan, and Dan I. Smith that state in pertinent part:
As a beneficiary under the last will and testament of
Marie S. Hubberd, I do not desire and have never
desired that any action be taken to avoid the sale of
partnership interests.
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