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b. Stoddard's Affidavit
The parties stipulated that we may treat Stoddard's
affidavit as if it were her testimony.5 Stoddard's affidavit
corroborates the testimony of petitioner's witnesses.
Respondent points out that respondent could not cross-
examine Stoddard. This objection, however, was in effect waived
by the stipulation. Respondent contends that we should disregard
Stoddard's affidavit because it was written by petitioner's
counsel or someone other than Stoddard. We disagree. There is
no evidence to suggest anything in the Stoddard affidavit is
untrue.
c. Andrade's and Garrabrant's Testimony
Respondent points out that Andrade and Garrabrant saw Ann
Van Tine cleaning up and delivering materials. Respondent
contends that Ann Van Tine's help to her father was only sporadic
and menial. We disagree. We believe Ebaugh's and Ann Van Tine's
testimony about the nature of Ann Van Tine's services to VTC.
5 Respondent reserved a relevancy objection to Stoddard's
affidavit. Stoddard's affidavit is relevant because it tends to
show that decedent intended to transfer a joint tenancy interest
in the 7 Diamonte Lane property to Ann Van Tine as consideration
for her work.
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