Estate of Theodore J. Chamberlain - Page 7




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          Decedent became hesitant to take any action concerning his                  
          financial affairs; such few actions that he did take were only              
          after extensive consultation with Dale, and decedent made very              
          few changes to his investments.  Also, during 1993, decedent's              
          health deteriorated to the point where he could no longer care              
          for himself and required full-time help at home.  However,                  
          decedent's mental acuity remained unimpaired; he was competent to           
          execute a disclaimer at all relevant times.                                 
               In late December 1992 and early January 1993, decedent                 
          prepared 12 8� x 14 inch pages (Exhibit 5-E) on which petitioner            
          primarily relies to support the contention that decedent made a             
          valid disclaimer under Oregon State law and section 2518.                   
          Exhibit 5-E was found by Mr. Wetzel, petitioner's trial counsel             
          in this case, in the files of Meyer & Wyse, along with Exhibit 8-           
          H, discussed infra.  After this discovery, petitioner asserted              
          that the pages found by Mr. Wetzel constitute decedent's written            
          disclaimer.  Only 5 of the 12 handwritten pages in Exhibit 5-E              
          were originals--the remaining 7 pages were photocopies.2  Four              
          of the five original pages were handwritten by decedent on the              
          reverse side of "Meals-on-Wheels" menus; another page was                   


               2  On some of the duplicates, decedent added information in            
          blue ballpoint pen, but the additions are not material to the               
          issues in this case.                                                        






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