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First, on the date of Sloan's death, the Morgan Guaranty
checking account had a $357,040.39 balance. Several days later,
David deposited dividend checks therein, increasing the balance to
$461,094. Starting in April 1987, and continuing through May 1987,
David forged Sloan's signature on 30 checks, generally in $15,000
increments, drawn on the Morgan Guaranty checking account made
payable to Sloan. On May 31, 1987, David had reduced the balance
to zero.
Second, because we have concluded that David forged his
father’s signature on the Exxon and Standard Oil stock
certificates, it follows that he had to have possession of the
stock certificates in order to do so.
Because we conclude that David was in actual possession of his
father's property, we hold that David is the executor of Sloan’s
estate pursuant to section 2203.
Pending Motions
Motions filed by petitioner in docket Nos. 24986-97 and 24987-
97 are pending involving (1) whether respondent’s notices of
deficiency to Sloan’s estate are valid, and (2) if those notices
are valid, whether David had authority to file petitions in this
Court contesting the determinations contained in those notices.
Also pending are motions filed by respondent to dismiss the cases
in docket Nos. 24986-97 and 24987-97 on the basis that the estate
failed to properly prosecute.
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