Estate of Beatrice Ellen Jones Dunn - Page 12




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               of one approach to the exclusion of all others.                        
               [Citations and fn. ref. omitted.]                                      
          Similarly, in the instant case we shall not disregard asset-based           
          value, in particular because there are certain aspects of Dunn              
          Equipment that point to the use of asset-based value.  This was             
          acknowledged by Mr. Frazier in his report and by Mr. Pratt in               
          testimony, and although we disagree with aspects of both Mr.                
          Frazier’s and Mr. Pratt’s positions, we agree with the basic                
          decision to give some weight to asset-based value as well as                
          earnings-based value.                                                       
               Mr. Frazier believed there was a substantial likelihood of             
          liquidation, given that the company’s return at the valuation               
          date was lower than the return on risk-free investments such as             
          Government bonds.  He assumed a 50-percent chance of liquidation.           
          Therefore, he calculated an asset-based value of the company                
          equal to what he considered to be its liquidation value1 and gave           
          that value 50 percent of the weight of total value.  He also                
          calculated an earnings-based value and gave that value the                  
          remaining 50 percent of the weight of total value.                          
               We find that Mr. Frazier’s method overestimates the                    
          likelihood of liquidation.  Although decedent’s shares represent            


               1 There is no question that Mr. Frazier did not consider all           
          the costs of liquidation, such as the costs involved in selling             
          and transporting equipment, and the reduced sales price for                 
          equipment due to the increased short-term supply resulting from a           
          liquidation.                                                                





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