Estate of Fred O. Godley, Deceased, Fred D. Godley, Administrator CTA - Page 9




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          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 Clinton             




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