Estate of Ona E. Hendrickson - Page 59





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          other than the family farm.  Petitioner's brief even asserts at              
          one point that the family, including decedent, pooled all its                
          resources and contributed them to the family businesses,                     
          including the family farm.                                                   
               We reject this attempt to confuse the issues.  There simply             
          is no evidence that decedent's investment income was used to pay             
          decedent's share of the expenses of any family business other                
          than the family farm.  Indeed, elsewhere in its brief petitioner             
          states that "There is no testimony from any party that Ona's                 
          [decedent's] money was not used for the farm."14  By contrast,               
          there is a great deal of evidence that decedent and the children             
          did not pool all their assets and in fact owned several business             
          interests separately.  For example, although decedent owned the              
          family farm land as a tenant in common with the children, it is              
          undisputed that decedent also owned other farm land outright and             
          that she treated the income from that land as her separate                   
          property.  As another example, the parties have stipulated that              
          the children had a farming partnership, in which decedent was not            
          a partner; they have also stipulated that Donald Hendrickson, his            
          wife, and his son owned a farming corporation, in which decedent             
          was not a shareholder.                                                       




               14 Respondent did not present any witnesses at trial.                   





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