Edith Hunter Hornberger, et al. - Page 5




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               Mr. Clay managed and controlled the trust, its assets, and all         
          relevant files relating thereto. He alone (1) assumed                       
          responsibility for investment decisions, (2) made distributions to          
          petitioner, (3) maintained the trust books and records, and (4)             
          prepared and filed tax returns and supporting documentation.  He            
          prepared annual accountings of the trust’s finances on behalf of            
          the cotrustees (depicting distributions from the trust as well as           
          assets contained in the trust).                                             
               As of spring 1993, Mr. Clay had fallen a few years behind in           
          preparing these accountings because most of the trust assets                
          consisted of unimproved land near Springfield Mall, which was tied          
          up in condemnation proceedings.                                             
               Mr. Clay believed that petitioner was too young to comprehend          
          the substantial inheritance she had received.  He took the position         
          that only after petitioner became older would she appreciate the            
          size and type of assets inherited and be in a position to properly          
          manage her inheritance.  Consequently, Mr. Clay provided petitioner         
          with minimal information regarding her inheritance:  he did not             
          prepare any statements detailing the size or composition of the             
          trust assets, the income generated by the trust, or the amounts of          
          distributions or expenditures of funds that were made on her                
          behalf.  Because of Mr. Clay’s philosophy, petitioner was clueless          
          as to the size and type of the trust assets.  Petitioner was aware          
          only that the trust assets included real estate, which she believed         






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