- 9 - contract”, decedent replied “That’s right.” The Judgment of Equitable Distribution held as follows: 239. All of the evidence indicates and the Court finds that there was no consideration for Defendant’s father giving to Defendant options to acquire Defendant’s father’s interest in the five partnerships. Both Defendant and his father testified unequivocally that the options were gifts to Defendant from Defendant’s father. The Court finds such testimony to be credible and further finds that these options were gifts to Defendant from his father. [Emphasis added.] At issue in the equitable distribution litigation was the value of Fred Jr.’s 50-percent general partnership interest in the partnerships. In this regard, Fred Jr. was asked whether the idea of HUD-subsidized projects originated with him or decedent, and he testified that he could not recall. As part of the litigation, both the plaintiff (Fred Jr.’s former spouse) and the defendant (Fred Jr.) produced expert witnesses and reports regarding the value of Fred Jr.’s 50-percent general partnership interest in the partnerships as of December 1989. The court accepted the plaintiff’s expert appraisal of GMA prepared by Mitchell Kaye (Kaye). In his appraisal, Kaye estimated the net fair market value of GMA as of December 31, 1989, to be $450,000 and concluded that Fred Jr.’s 50-percent interest in GMA had a net fair market value of $225,000 as of December 31, 1989. The court also accepted the expert appraisals of Robert O. Beck III (Beck), who relied on David A. Dvorak (Dvorak) in valuing the improved real estate held by Monroe and Charlotte, and Tom J. Keith (Keith) in valuing the improved real estate held by ClintonPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011