Estate of Edna Pearce Lockett Deceased, David F. Lanier, Personal Representative - Page 24

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             continued to engage in mining activities.  The Court considered                                      
             whether the expenses of carrying on mining activities were                                           
             deductible as administration expenses.  Because of the difficulty                                    
             in ascertaining the nature of the assets in the estate, and                                          
             because of the difficulty in expeditiously disposing of the bulk                                     
             of the assets, the Court found that the expenses were incurred in                                    
             connection with the protection or preservation of the estate.                                        
                    We are convinced that the Trust's continuation of the                                         
             ranching business was necessary for the preservation of the                                          
             estate and was a necessary step in liquidating the estate's                                          
             assets.  The experts consulted by Messrs. Lanier and Pearce                                          
             unanimously recommended that, in order to preserve value of the                                      
             land, the cattle on the ranch not be sold.  Mr. Malone, an                                           
             employee of the Water District, which had no interest in the                                         
             outcome of this issue, similarly testified that the Fishbranch                                       
             land would be likely to revert to muck and swamp if the cattle                                       
             grazing on it were sold.  We also acknowledge the trustee's                                          
             difficulty in disposing of Fishbranch after its lack of access                                       
             was revealed, which further prevented its expeditious sale, and                                      
             the fact that the value of the Fishbranch parcel remaining after                                     
             the first Fishbranch sale, when the cattle finally were sold, did                                    
             depreciate in value, as compared with the price obtained on the                                      
             first Fishbranch sale.  We therefore hold that the expenses                                          







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