Estate of Marie S. Hubberd, Deceased, John B. McNamara, Jr., and Clayborne L. Nettleship, Co-Independent Executors - Page 3

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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                    
               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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